COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND TO THE COUNCIL Third report on the progress made in the fight against trafficking in human beings (2020) as required under Article 20 of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims
Date: 2020-10-20
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, 20.10.2020  SWD(2020) 226 final  COMMISSION STAFF WORKING DOCUMENT   Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND TO THE COUNCIL Third report on the progress made in the fight against trafficking in human beings       (2020) as required under Article 20 of Directive 2011/36/EU on preventing and      combating trafficking in human beings and protecting its victims {COM(2020) 661 final}  
 
 
Contents 

1. 

INTRODUCTION ............................................................................................................................ 4 

1.1.  Methodology and Information Sources ........................................................................................... 4 

1.2.  Member States and National Rapporteurs or Equivalent Mechanisms (NREMs) ..................... 5 

1.3.  EU Civil Society Platform and e-Platform against Trafficking in Human Beings ...................... 5 

1.4.  EU Agencies ....................................................................................................................................... 6 

1.5.  Other sources..................................................................................................................................... 6 

1.6. 

Statistics from the Member States ................................................................................................... 7 

2. 

3. 

THE TRAFFICKING PHENOMENON ........................................................................................ 7 

KEY PATTERNS OF TRAFFICKING IN HUMAN BEINGS AND RESPONSES TO 
ADDRESS THEM ............................................................................................................................. 9 

3.1.  Covid -19 ............................................................................................................................................ 9 

3.2. 

Statistics, Patterns and Actions Taken –Overview ...................................................................... 11 

3.2.1.  Statistical Data for 2017-2018 ........................................................................................................ 11 

3.2.2.  Addressing All Forms of Exploitation ........................................................................................... 13 

3.3.  Trafficking for the Purpose of Sexual Exploitation ..................................................................... 14 

3.4.  Trafficking for the Purpose of Labour Exploitation .................................................................... 21 

3.5.  Other Forms of Exploitation .......................................................................................................... 28 

3.5.1.  Trafficking for forced criminality and forced begging ................................................................ 28 

3.5.2.  Trafficking for Forced and Exploitative Sham Marriages .......................................................... 29 

3.5.3.  Additional Examples of Other Forms of Exploitation ................................................................. 30 

3.6.  Child Trafficking ............................................................................................................................ 32 

3.7.  Emerging Concerns on Trafficking in Human Beings and Persisting Vulnerabilities ............. 35 

3.7.1.  Multiple Forms of Exploitation ..................................................................................................... 35 

3.7.2.  Internal trafficking ......................................................................................................................... 36 

3.7.3.  Roma Victims and Their Vulnerability to Trafficking ................................................................ 37 

1 

 
 
 
3.7.4.  Vulnerability of Migrant and Refugee Women to Trafficking ................................................... 38 

3.7.5.  Vulnerability of Unaccompanied Children to Trafficking .......................................................... 39 

3.8.  Trafficking in Human Beings in the Context of International Migration.................................. 40 

4. 

TRAFFICKERS AND THEIR MODUS OPERANDI ................................................................ 41 

4.1.  Organised Crime Groups (OCG) .................................................................................................. 43 

4.2. 

Poly-Criminality, Links with Other Crimes ................................................................................. 44 

4.3.  The Use of Information and Communication Technologies ........................................................ 47 

5. 

PREVENTING  TRAFFICKING  IN  HUMAN  BEINGS  BY  COUNTERING  THE 
CULTURE OF IMPUNITY ........................................................................................................... 49 

5.1.  Encouraging the Criminalisation of the Use of Services Provided by the Victims .................... 50 

5.2.  Businesses  and  Legal  Persons:  Responsibility  and  Due  Diligence  Against  the 

Trafficking Chain ........................................................................................................................... 57 

5.3. 

Increasing  Accountability  and  Results  Through  Effective  Investigations  and 
Prosecutions ..................................................................................................................................... 59 

5.3.1.  Special Investigative Techniques and Specific Competences ...................................................... 60 

5.3.2.  Financial investigations .................................................................................................................. 61 

5.3.3.  Freezing, Seizing and Confiscation of Proceeds of Crime ........................................................... 66 

5.3.4.  Cross Border Cooperation ............................................................................................................. 69 

5.3.5.  Joint Actions, Joint Investigations ................................................................................................. 74 

5.3.6.  Use of Large Scale Databases to Detect Victims and Perpetrators ............................................. 78 

5.3.7.  Awareness Raising and Training ................................................................................................... 80 

6. 

ACCESS TO AND REALISATION OF RIGHTS of VICTIMS ................................................ 85 

6.1. 

Identification of Victims of Trafficking in Human Beings to Enable Accessing Their 
Rights ............................................................................................................................................... 85 

6.1.1.  National and Transnational Referral Mechanisms (NRMs and TRMs) .................................... 92 

6.2.  Assistance, Support and Protection of Victims of Trafficking .................................................... 97 

7. 

INTENSIFY A COORDINATED AND CONSOLIDATED RESPONSE ............................... 110 

7.1.  The External Dimension ............................................................................................................... 116 

8. 

9. 

IMPLEMENTATION OF EU LAW ........................................................................................... 119 

FUNDING ...................................................................................................................................... 119 
2 

 
 
10. 

Annex: List of Referenced Documents ........................................................................................ 124 

3 

 
 
 
 
 
1.  INTRODUCTION 

This staff working document complements the Commission third report on the progress 
made  in  the  fight  against  trafficking  in  human  beings  as  required  under  article  20  of 
Directive  2011/36/EU  (‘Anti-trafficking  Directive’)  on  preventing  and  combating 
trafficking in human beings and protecting its victims1 (hereafter ‘the Progress report’). It 
provides a factual overview of the progress made in addressing trafficking in human 
beings in the EU, including statistical data and actions taken since the last progress 
report.  This  staff  working  document  also  provides  detailed  information  on  emerging 
patterns, identified concerns, specific anti-trafficking actions, funding, implementation of 
the  2017  Communication,  brief  analysis  of  statistical  data  provided  by  the  Member 
States1  and  describes  the  methodology  and  information  sources  used.  The  document 
takes  into  consideration  actions  implemented  by  the  Commission  and  other  relevant 
stakeholders with respect to 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 actions’ (hereafter “the 2017 Communication”)2. The 
2017  Communication  set  out  the  following  targeted  priorities:  (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  as  well  as  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. 

1.1. METHODOLOGY AND INFORMATION SOURCES 

The  period  of  reporting  and  assessment  concerned  is  2017-2019.  However,  statistical 
data collected for the purpose of this report covers the period 2017-2018. The Progress 
report  and  this  accompanying  staff  working  document  are  based  on  a  wide  range  of 
information sources, including: 

- 

- 

- 

- 

information  provided  by  the  national  rapporteurs  or  equivalent  mechanisms 
(NREMs) to the EU Anti-Trafficking Coordinator (EU ATC) pursuant to Article 
19 and 20 of the Anti-Trafficking Directive;  
contributions  submitted  by  civil  society  organisations  participating  in  the  EU 
Civil Society Platform and the e-Platform against Trafficking in Human Beings; 
actions  taken  by  the  Commission  and  other  stakeholders  following  the  2017 
Communication;   
information  from  the  ten  EU  agencies  who  signed  the  2018  Joint  statement  of 
commitment to working together to address trafficking in human beings; 

-  publications of international and regional organisations; 
-  documents from the European Parliament and the Council; 

1   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 (‘Anti-trafficking Directive’). 

2   COM (2017) 728. 

4 

 
 
 
                                                      
- 

statistical data on trafficking in human beings from national statistical authorities 
in the Member States. The data collection was carried out as a coordinated effort 
between  national  rapporteurs  and  equivalent  mechanism  and  the  European 
Commission. 

1.2. MEMBER STATES AND NATIONAL RAPPORTEURS OR EQUIVALENT 

MECHANISMS (NREMS)  

The  Anti-Trafficking  Directive  foresees  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 19). The Anti-Trafficking Directive further stipulates in Article 20 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 methodology used in the third progress report follows the approach taken for the first 
(2016)3  and  second  (2018)4  progress  reports  of  the  Commission  and  builds  on  that 
previous  experience.  The  Commission  provided  the  EU  Network  of  NREMs  on 
trafficking  in  human  beings  with  a  guiding  document  with  questions  to  facilitate 
reporting and to ensure a coordinated approach at the EU level. National rapporteurs and 
equivalent mechanisms were requested to report on achievements, results and impact of 
anti-trafficking  actions  carried  out  and  to  provide  an  assessment  of  key  trends  in 
trafficking in human beings and identified concerns that need to be addressed. They were 
asked  to  report  on  how  they  have  addressed  at  the  national  level  the  recommendations 
made in Second Progress Report. -. 

The  information  provided  by  the  NREMs  is  extensive  and  includes  reporting  on 
identified  new  patterns  and  trends  in  trafficking  in  human  beings,  national  policy  and 
legislative  developments,  strategic  and  operational  actions,  and  relevant  funding. 
Examples  of  national  measures  and  actions  are  presented  throughout  this  document  in 
order to complement the analysis. 

1.3. EU CIVIL SOCIETY PLATFORM AND E-PLATFORM AGAINST TRAFFICKING IN 

HUMAN BEINGS  

The  progress  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  first  (2016)  and  second  (2018)  progress 
reports, the contributions of those Member States which agreed to do so was shared with 
civil  society  organisations  participating  in  the  EU  Civil  Society  e-Platform  for  their 
comments  and  contributions.  This  concerned  25  Member  States’5  reports.  Further,  the 

3    COM(2016) 267 final and  SWD(2016) 159 final. 
4  
COM(2018) 777 final and  SWD(2018) 473 final. 
5  
Three Member States objected on sharing their reports through the described process. 

5 

 
 
                                                      
contributions  of  those  nine  civil  society  organisations,  which  agreed  to  do  so,  were 
shared  via  the  ePlatform  of  the  EU  network  of  National  Rapporteurs  and  Equivalent 
Mechanisms.  

This process implements in a tangible way the requirement for close cooperation between 
the  Member  States  and  civil  society  organisations  set  forth  in  Article  20  of  the  Anti-
trafficking Directive. The Directive further recognises the key role of civil society in the 
joint efforts to address trafficking in human beings. 

Civil Society Contribution to the Report  

Civil  society  provided  29  contributions  (single  and  joint)  to  the  third  progress  report, 
involving  63  civil  society  organisations  participating  in  the  Platform  and  in  the  e-
Platform.  The  contributing  civil  society  organisations  are  based  in  14  Member  States 
(AT, BE, DE, ES, FR, HR, IT, IE, LV, MT, NL, PT, SE, UK) and include European and 
international offices.  

1.4.EU AGENCIES 

On  13th  June  2018,  the  Heads  of  ten  EU  Agencies  signed  a  Joint  Statement  of 
Commitment to working together to address trafficking in human beings. The signatory 
agencies  comprised  the  European  Asylum  Support  Office  (EASO),  European  Union 
Agency  for  Law  Enforcement  Cooperation  (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),  European  Union  Agency  for  Criminal  Justice  Cooperation  (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).  The  2018  Joint  Statement  builds  on  the 
work  and  synergies  created  with  the  first  Joint  statement  signed  by  the  heads  of  seven 
Justice and Home Affaires Agencies in 2011.  

The  Commission  requested  contributions  to  the  third  progress  report  from  the  ten  EU 
agencies  in  line  with  the  commitments  undertaken  to  address  trafficking  in  human 
beings6 and in the framework of their respective mandate and work carried out under the 
EU legal and policy framework on trafficking in human beings. 

1.5.OTHER SOURCES 

Other information sources used in the progress report include strategic documents from 
the  European  Parliament,  the  Council  and  international  and  regional  organisations. 
Cooperation with strategic partners at international level and enabling policy coherence is 
ensured  via  multilateral  processes,  including  in  relation  to  the  United  Nations  (UN) 

6 

refer 

Please 
https://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/eu_agencies_joint_statement_of_commitment_to_working_toget
her_to_address_thb.pd f 

commitment: 

text 

the 

the 

of 

to 

6 

 
 
                                                      
Protocol to Prevent, Suppress and Punish trafficking in human beings, especially women 
and children, supplementing the UN Convention against Transnational Organized Crime 
and its Protocols and the Council of Europe Convention on Action against Trafficking in 
Human  Beings7.  The  coordination  work  has  also  involved  policy  exchanges  with  the 
Inter-Agency Coordination Group against Trafficking in Persons (ICAT)8. The Group of 
Experts  on  Action  against  Trafficking  in  Human  Beings  (GRETA),  responsible  for 
monitoring the implementation of the Council of Europe Convention, carries out country 
visits,  evaluations  of  legislative  and  other  measures  taken  by  Parties  to  the  Convention 
and  publishes  general  activity  reports.  References  to  relevant  documents  and  actions 
from  these organisations are made throughout  this  document, in  a context  of continued 
cooperation with strategic partners. 

1.6.STATISTICS FROM THE MEMBER STATES  

The  Commission  conducted  the  fifth  EU-wide  data  collection  to  gather  statistics  on 
trafficking in human beings for the period 2017-2018 from the Member States. The study 
on data collection on trafficking in human beings in the EU, accompanying this progress 
report,  provides  in-depth  analysis  of  criminal  justice  statistical  data  for  years  2017  and 
2018.  This  data  collection  has  been  carried  out  in  a  continued  effort  from  the 
Commission  and  the  Member  States  to  provide  evidence  on  the  criminal  phenomenon 
and  on  its  victims.  The  data  indicators  and  disaggregation  used  in  the  study  follow 
previous approach to EU-wide data collection on trafficking in human beings, with some 
updates.  Previous  data  collections  were  presented  in  two  working  papers  published  by 
Eurostat  in  2013  and  2014  and  updated  in  2015;  and  the  Commission  first  and  second 
progress  reports,  respectively  for  the  years  2013-2014  and  2015-2016.  With  this  latest 
data  collection,  EU-wide  statistics  on  trafficking  in  human  beings  are  available  for  a 
period of ten years– from 2008 until 2018 included.  

For  the  purpose  of  the  fifth  EU-wide  data  collection,  the  Commission  requested  data, 
through Eurostat, from all EU Member States via the national statistical authorities. The 
European Commission ensured a coordinated approach to the data collection, involving 
the  National  rapporteurs  and/or  Equivalent  Mechanisms.  Eurostat  facilitated  the 
exchanges  with  Member  States  statistical  authorities  for  clarifications  on  the  reported 
data,  made  relevant  technical  adjustments,  processed  and  managed  data  and  computed 
the quantitative analysis. 

2.  THE TRAFFICKING PHENOMENON 

Protecting Europeans from organised crime, and in particular tackling the trafficking in 
human  beings,  is  a  priority  under  the  new  EU  Security  Union  Strategy9.  Trafficking  in 
human beings is a grave violation of fundamental rights and a particularly serious crime, 
driven  by  profits  and  involving  a  chain  of  actors.  The  Commission  highlighted  in  the 

7   Council of Europe Treaty Series No. 197. 

8  

9 

ICAT is a policy forum mandated by the UN General Assembly to improve coordination among UN 
agencies  and  other  relevant  international  organisations  to  facilitate  a  holistic  and  comprehensive 
approach  against    trafficking  in  persons  and  for  protecting  and  supporting  victims  of  trafficking, 
available at: https://icat.network/  
COM(2020) 605 final. 

7 

 
 
                                                      
second  progress  report  that  trafficking  in  human  beings  “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  long-term  harm  to  its  victims,  our  societies  and 
economies.”10  “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.”11 The second progress  report also referred to 
Frontex Risk Analysis 201812 highlighting that trafficking in human beings is 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”13. Europol refers to estimates on global annual profit from trafficking 
in human beings amounting to EUR 29.4 billion14. 

In  its  2017  Communication,  the  Commission  identified  “disrupting  the  business  model 
and untangling the trafficking chain” as a key EU priority, noting 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  a  key  action  of  the  2017  Commission  Communication,  the  Study  on  the  economic, 
social  and  human  costs  of  trafficking  in  human  beings  has  been  carried  out.  The  study 
provides annual estimate on the cost of trafficking in human beings based on a thorough 
methodology developed by academics15. The total cost of trafficking in human beings 
for the EU-28 in 2016 is estimated at EUR 3.7 billion (EUR 3 700 524 432) (EUR 2.7 
billion or  2 708 804 838 for  EU-27). The cost of trafficking  over the lifetime of one 
victim is estimated at EUR 312 756 in the EU-28 (EUR 337 463 in EU27). These are 
costs triggered by the serious violation of fundamental rights of women, men, girls 
and  boys  by  traffickers.  These  costs  continue  to  be  borne  by  our  societies  as  the 
trafficking  crime  persists.  This  is  a  conservative  estimate  based  on  the  number  of 
victims  registered  with  the  authorities  in  Member  States  in  2016.  The  estimate  would 
have been higher if victims not registered with the authorities had been included in the 
methodology and if robust data were available on some of the harms caused. 

in 

10   European Commission (2018) Second report on the progress made in the fight against trafficking in 
human  beings  as  required  under  Article  20  of  Directive  2011/36/EU  on  preventing  and  combating 
trafficking 
https://ec.europa.eu/home-
protecting 
affairs/sites/homeaffairs/files/what-we-do/policies/european-agenda-security/20181204_com-2018-
777-report_en.pdf 

victims. 

human 

beings 

and 

its 

11   European Commission (2018) Second report on the progress made in the fight against trafficking in 
human  beings  as  required  under  Article  20  of  Directive  2011/36/EU  on  preventing  and  combating 
trafficking in human beings and protecting its victims. 

12   Frontex (2018) Risk Analysis for 2018. 

13   Frontex, Risk analysis for 2018 
14   Europol (2015), The Trafficking in Human Beings financial business model 
15   European Commission,Study on the economic, social and human costs of trafficking in human beings 

within the EU (2020) 

8 

 
 
                                                      
Three  main  types  of  costs  of  trafficking  in  human  beings  are  considered  in  the 
study:  use  of  services  (coordination  and  prevention,  specialised  services,  law 
enforcement,  health  services  and  social  protection),  lost  economic  output  and  lost 
quality  of  life.  The  effects  of  trafficking  on  victims  have  significant duration.  The 
cost of trafficking is spread across the different phases of trafficking: in trafficking, in 
services and post-trafficking. 

Health services and social protection: Victims of trafficking were more likely to use 
health  services  and  social  protection  than  other  people,  because  of  the  long-term 
damage  to  their  physical  and  mental  health  while  in  trafficking.  These  hurts  and 
increased use of these services last for several years after trafficking is over.  

Lost economic output: Economic output is lost when the victim is not participating in 
the legal economy while in trafficking and in services, and when the victim has reduced 
participation post-trafficking as a consequence of the long-term harms to health.  

Lost quality of life: Victims of trafficking are subject to physical, sexual and mental 
injuries that reduce the quality of life. A value is placed on these losses in the quality 
of life.   

Victims of sexual exploitation: 

  There are higher costs for victims of sexual exploitation. This is largely driven 

by the larger costs to health associated with sexual violence (rather than 
physical violence or threat). 

  There are higher costs for female rather than male victims:   

o  This is driven by the larger costs associated with sexual exploitation, 

which is disproportionately experienced by women.  

o  The larger costs associated with sexual exploitation are linked to greater 

utilisation of health services and social protection, greater lost 
economic output and greater lost quality of life.  

  There are higher costs for child rather than adult victims due to greater 

utilisation of health services and greater lost quality of life. 

3.  KEY PATTERNS OF TRAFFICKING IN HUMAN BEINGS AND 

RESPONSES TO ADDRESS THEM 

3.1. COVID -19 

Impact of the Covid-19 pandemic on trafficking in human beings 

Criminals  have  seized  the  opportunities  during  the  Covid-19  pandemic  to  generate 
significant  profits  and  intensify  certain  types  of  criminal  activity.  Although  the  full 
impact  of  the  pandemic  is  not  yet  apparent,  concerns  have  emerged  regarding  the 
possible short and long-term impact of the crisis on victims of trafficking and with regard 
to changing modus operandi of criminals. 

9 

 
 
 
The  pandemic  raises  extraordinary  challenges  to  the  economic  and  social  cohesion  and 
the disproportionate consequences for the most vulnerable groups who face an increased 
risk  of  exploitation16.  Europol  considers  that  the  effect  of  the  pandemic  will  have  an 
impact  on different  forms of exploitation17.  In those EU countries where prostitution is 
legal, the prolonged closure of establishments offering legal sex work is likely to increase 
the vulnerability of victims of trafficking in human beings for sexual exploitation. Most 
likely, networks are still advertising victims of trafficking, probably increasingly on the 
Internet,  or  victims  may  continue  to  be  abused  in  hidden  locations,  such  as  private 
apartments, rented or owned by criminal networks. As a consequence of the lockdowns 
and  the  new  sanitary  measures  implemented,  sexual  abuse  of  victims  may  also  shift  to 
online streaming to  a greater degree, where victims are filmed while being abused, and 
the violent acts are uploaded online. Traffickers continue taking advantage of the demand 
for cheap labour, especially in unregulated industries such as the agricultural sector, food 
production  and  catering  services.  In  the  medium-long  term,  the  weakening  of  the 
economy  in  several  EU  countries  may  further  increase  demand  for  cheap  labour.  Once 
the  border  restrictions  are  lifted,  traffickers  may  increasingly  target  vulnerable  EU 
citizens suffering from economic distress, along with irregular migrants present in the EU 
territory.  

The  United  Nations  Inter-Agency  Coordination  Group  against  Trafficking  in  Persons 
(ICAT) has voiced concerns in  particular with  regard to  the risks of hindered access  to 
services  and  support  for  victims  of  trafficking,  delay  in  the  identification  of  victims, 
access  to  justice  and  return  of  victims  of  trafficking  to  their  countries  of  origin, 
exacerbating  risks  for  vulnerable  groups  of  individuals,  including  women  and  girls, 
increasing  prevalence  of  sexual  exploitation  online  and  use  of  technology  to  facilitate 
criminal  conduct18.  Civil  society  organisations  have  warned  about  a  range  of  issues 
exacerbating the risks of trafficking in human beings, such as denied access to shelters to 
victims  of  trafficking  because  of  the  pandemic19,  fewer  referrals  and  increased 
marginalisation of vulnerable groups to trafficking, such as undocumented migrants and 
marginalised Roma communities, the disproportionate impact of the crisis on women and 
girls,  the  increase  in  demand  for  pornography  on  the  Internet  and  online  sexual 
exploitation, especially of children20.  

Trafficking in human beings is likely to increase in the wake of the economic downturn 
and unemployment triggered in the aftermath of the pandemic21. Europol had already 
warned  in  April  2020  that  if  the  Covid-19  pandemic  was  followed  by  an  economic 

16   Statement by OSCE Special Representative for Combating Trafficking in Human Beings on need to 

strengthen anti-trafficking efforts in a time of crisis. 

17   Europol’s contribution to the third progress report.  

18   COVID-19 pandemic and its impact for victims and survivors of trafficking in persons, 

https://icat.network/sites/default/files/28%20April_COVID%20ICAT%20webstory%20and%20list%
20of%20resources%20%283%29.pdf 
Impact of the Covid-19 Pandemic on Trafficking in Persons, UNODC 2020, 
https://www.unodc.org/documents/Advocacy-Section/HTMSS_Thematic_Brief_on_COVID-19.pdf 

19  

20   Civil society organisations’ contributions to the third progress report.  

21   How COVID-19 restrictions and the economic consequences are likely to impact migrant smuggling 
and cross-border trafficking in persons to Europe and North America, Research brief, UNODC. 

10 

 
 
                                                      
 
 
recession, there would be visible consequences in the criminal landscape of trafficking in 
human  beings,  including  a  potential  increase  in  the  demand  for  labour  and  sexual 
exploitation.  It  further  noted  that  besides  traditional  fields  of  exploitation  (prostitution, 
begging and theft, textile and agricultural sectors), sectors such as construction, tourism, 
catering, nursing and domestic services are increasingly affected by trafficking in human 
beings. In addition to the prolonged harm suffered by victims of trafficking, the closure 
of businesses with lower profit margins due to an economic crisis will leave the market 
open to those with illegal or cheap labour at their disposal22. 

Against  the  backdrop  of  a  global  crisis,  stronger  political  will  be  needed  to 
implement the legal requirements with regard to identification, assistance, support 
and  protection  of  victims  of  trafficking  in  human  beings,  and  for  an  adequate 
criminal  justice  response  to  the  crime  to  establish  criminal  responsibility  and  to 
deprive criminals from their profit. 

3.2. STATISTICS, PATTERNS AND ACTIONS TAKEN –OVERVIEW  

3.2.1.  STATISTICAL DATA FOR 2017-2018 

Data  was  collected  for  2017-2018  from  the  28  EU  Member  States  on  the  number  of 
registered  (presumed  and  identified)  victims  of  trafficking  in  human  beings  and  on  the 
number of traffickers who were suspected, prosecuted or convicted, taking into account 
their gender, age, nationality and the forms of exploitation. Data was also requested with 
regard  to  national  provisions  criminalising  the  use  of  services  exacted  from  victims,  in 
particular as to suspects, prosecutions and convictions and additional breakdown by sex 
and age. The data for 2017-2018 show similar patterns to the earlier data collection with 
regard to registered victims, suspects and traffickers. This data collection re-confirmed 
that  there  are  substantial  differences  in  the  way  that  Member  States  record  and 
collect  data.  Further  efforts  across  the  EU  are  needed  to  ensure  quality  and 
comparability of data on trafficking in human beings23. 

Victims in 2017 and 2018 in the EU24:  

  26 268 victims of trafficking were registered in the EU-28 (14 14525 for the EU 
2726).  There  are  reasons  to  believe  that  the  actual  number  of  victims  of 
trafficking is significantly higher and many victims remain undetected and thus 
not included in these figures reported here.  

  Over  half  (60%)  of  the  registered  victims  were  trafficked  for  sexual 
exploitation  in  the  EU  27.  Including  the  data  from  the  United  Kingdom  (UK) 

22   Europol  2020,  Beyond  the  pandemic-  How  Covid  19  will  shape  the  serious  and  organized  crime 

landscape in the EU. 

23   Study on Data collection on Trafficking in human beings within the EU (2020)  
24   Where data significantly changes the EU level picture, a separate data headlines are provided for EU-

27 and EU-28. 

25      13461 in 2015 and 2016 in EU-27 

26   The United Kingdom accounted for nearly half of all the registered victims in the EU 28 in the period 

2017-2018.  

11 

 
 
                                                      
changes  this  picture:  nearly  half  (46%)  of  all  registered  victims  were  trafficked 
for sexual exploitation. Fifteen percent (15%) of registered victims in the EU27 
were  trafficking  for  labour  exploitation.  Including  the  data  from  the  UK 
changes  the  picture  as  nearly  a  quarter  (22%)  of  registered  victims  were 
trafficking  for  labour  exploitation.  The  majority  of  the  registered  victims 
trafficked for labour exploitation within the EU are found in the United Kingdom 
(64%).  Other  forms  of  exploitation,  such  as  exploitation  of  criminal  activities, 
forced begging, domestic servitude, removal of organs, benefit fraud and others, 
formed the remaining part (18% in the EU 27 and 24% in the EU 28)27. 

  Nearly  three  quarters  (72%)  of  all  registered  victims  were  female  (women 
and girls) and close to one quarter (23%) were male in the EU2728. Including 
UK data, 58 % of all registered victims were female, whereas 39% were male29. 

  Children accounted for nearly a quarter (22%) of all registered victims in the 
EU  27.  Including  the  United  Kingdom  data,  the  share  of  children  among  all 
victims  raises  to  nearly  one-third  (32%)  as  the  majority  of  child  victims  are 
registered  in  the  United  Kingdom  (63%).  In  EU28,  of  all  child  victims  of 
trafficking,  57%  are  EU  citizens  (out  of  which  49%  trafficked  in  their  own 
country) and 41% of trafficked children are non-EU national.30   

  Trafficking within the EU: EU citizens accounted for nearly half (49%) of all 
registered victims in the EU27. Including the United Kingdom data, the share of 
EU citizens was equal to 41%. 

  Internal  trafficking  within  one’s  own  country:  27%  of  registered  victims  of 

trafficking were citizens of the reporting country in the EU28. 

  The top five EU countries of citizenship of registered victims in the EU28 by 
absolute  numbers  were  Romania,  the  United  Kingdom,  Hungary,  France  and 
Poland.  The  top  five  EU  countries  of  citizenship  of  registered  victims  in 
proportion  to  the  size  of  their  population  were  Romania,  Hungary,  Bulgaria, 
Latvia and Lithuania.  

  The  top  five  non-EU  countries  of  citizenship  of  registered  victims  in  EU28 
were Nigeria, Albania, Vietnam, China and Sudan. The first four countries were 
among  the  top  non-EU  countries  of  citizenship  of  registered  victims  in  the 
previous reporting period. 

Traffickers (suspected individuals, prosecutions and convictions) in 2017-2018 in 
the EU31: 

27 

 In the EU 27, the form of exploitation was unknown for 7% of the registered victims; and 8% for the 
EU 28. 

28   The sex of 5% of registered victims in the EU 27 was unknown. 
29   The sex of 3% of registered victims in the EU 28 was unknown.  
30 
31   Data mainly cited where more than half of Member States reported statistics. 

The citizenship of 1% of  trafficked children is unknown, and 1% is categorised under “other”. 

12 

 
 
                                                      
  There were 11 814 persons in formal contact with police and criminal justice 

systems as suspects, 6 404 prosecutions and 2 483 convictions for trafficking in 
human beings offences were reported in 2017-2018 in the EU2832. 

  The majority of traffickers were EU citizens: 68% of the suspects33, 56% of those 

prosecuted and 72% of those convicted for trafficking in human beings. 

  Traffickers for sexual exploitation: The majority of all traffickers registered in the 
EU concerned trafficking for sexual exploitation: 77% of the suspects, 58% of the 
prosecuted and 54% of the convicted persons. Less than one-fifth of all traffickers 
registered in the EU concerned labour exploitation: 13% of the suspects, 19% of 
the prosecuted and 16% of the convicted.   

  Nearly  three-quarters  of  the  traffickers  registered  in  the  EU  were  male:  73%  of 
the suspects, 69% of the prosecuted and 74% of the convicted. The vast majority 
of all registered traffickers consisted of adults (91% of the suspects, 87% of the 
prosecuted and 93% of the convicted).  

  The more than two thirds of the suspects  (68%)  were male, 28%  were  female34 
Similarly,  68%  of  the  prosecuted  individuals  were  male  and  24%  female35.  Of 
those convicted 67% were male, 24% female36.  

  Traffickers  for  labour  exploitation:  Three-quarters  (76%)  of  the  suspects  were 
male  and  23%  female37.  Of  those  prosecuted,  76%  were  male  and  20%  were 
female38. Of those convicted, 77% were male and 12% were female39.  

Statistics  reported  under  national  provisions  for  criminalizing  the  use  of  services 
exacted from victims of trafficking in human beings: 

  A  total  of  170  suspects,  162  prosecutions  and  133  convictions  were  reported 

within the EU in 11 Member States. 

3.2.2.  ADDRESSING ALL FORMS OF EXPLOITATION  

The Anti-Trafficking Directive contains minimum rules concerning the definition of the 
criminal  offences,  including  a  non-exhaustive  list  of  forms  of  exploitation:  prostitution 
and  other  forms  of  sexual  exploitation,  forced  labour  or  services,  including  begging, 
slavery  and  similar  practices,  the  exploitation  of  criminal  activities  and  the  removal  of 

32   Without  data  from  the  UK,  there  were  11  788  persons  in  formal  contact  with  police  and  criminal 
justice  systems  (suspected,  arrested  or  cautioned),  6  163  prosecutions  and  2  426  convictions  for 
trafficking in human beings offences reported in 2017-2018 in the EU 27. 

33   Persons in formal contact with police and criminal justice systems as suspected, arrested or cautioned 

person. 

34   3% reported as unknown. 
35   8% reported as unknown. 
36   9% reported as  unknown. 
37   1% reported as unknown. 
38   4% reported as  unknown. 
39   11% reported as unknown. 

13 

 
 
                                                      
organs.  Trafficking  for  other  forms  of  exploitation  can  take  place  and  a  number  of 
Member States have penalised additional forms of exploitation in their criminal law since 
the adoption of the Anti-Trafficking Directive, including trafficking for forced marriage, 
pornography or extraction of human organs. 

Trafficking  in  human  beings  remains  a  priority  crime  area  in  the  EU  Policy  cycle  for 
organised  and  serious  international  crime  for  2018-2021  with  the  objective  “to  fight 
against  the  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”40. 

The Anti-Trafficking Directive applies equally to all victims of trafficking in human 
beings  and  requires  attending  to  their  specific  needs.  The  Second  progress  report 
(2018)  identified  the  need  to  intensify  actions,  including  information  and  awareness-
raising campaigns, to address all forms of exploitation.  

Member States have undertaken efforts in this respect during the reporting period. These 
include, in particular, the adoption of new National Action Plans or National Strategies 
(e.g. BG, CY, DK, FR, HR, HU, LT, NL, PL, PT, RO, SE, SI, SK) or revising or drafting 
such documents (e.g. LU, LV and ES). Several Member States specifically highlight the 
role  of  national  bodies  dedicated  to  the  fight  against  trafficking  in  human  beings  in 
monitoring the implementation of the plans or strategies and coordinating anti-trafficking 
action (e.g. MT, RO). Member States have also carried out efforts in order to setup new 
monitoring  bodies  or  units  specialised  in  the  fight  against  trafficking  in  human  beings 
(e.g.  DE,  FI,  LT,  IE,  SI).  Further,  Lithuania  reports  on  the  appointment  of  a  National 
Rapporteur, and Ireland is under the process of designating the Irish Human Rights and 
Equality Commission as the independent National Rapporteur. Member States highlight 
the  existence  of  synergies  between  the  policy  framework  against  trafficking  in  human 
beings and public policies adopted at the national level in related areas, such as organised 
crime,  security,  business  and  human  rights,  fight  against  violence  against  women  and 
children, asylum or illegal work (e.g. BE, ES, FR). Participation in the Council of Europe 
Group  of  Experts  on  Action  against  Trafficking  in  Human  Beings  (GRETA)  is  also 
mentioned by several  Member States as part of the efforts  to  address  trafficking for all 
forms  of  exploitation  (e.g.  CY,  DE,  LU).  Member  States  also  referred  to  certain 
legislative measures of comprehensive nature. 

However,  civil  society  organisations  expressed  concern  that  some  forms  of  trafficking 
are  less  in  the  focus  of  action  than  others,  such  as  trafficking  for  forced  marriage  and 
exploitation  in  the  context  of  the  domicile.  They  stress  the  need  for  Member  States  to 
adopt  comprehensive  national  strategies  addressing  trafficking  in  human  beings  for  all 
forms of exploitation, as well as to set up independent national rapporteurs and political 
coordinating bodies.  

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

international crime between 2018 and 2021, 9450/17. 

14 

 
 
                                                      
3.3. TRAFFICKING FOR THE PURPOSE OF SEXUAL EXPLOITATION 

Trafficking in human beings is a form of violence against women. The Anti-Trafficking 
Directive establishes common minimum rules on preventing and combatting trafficking 
in  human  beings  and  protecting  its  victims.  Women  and  children  are  particularly 
vulnerable group for trafficking in human beings, which highlights the gender aspect of 
the  crime.  Out  of  the  three  sustainable  development  goals  of  the  UN  Agenda  2030  for 
sustainable  development  addressing  trafficking,  two  pay  particular  attention  to  women 
and children41  

Regarding the impact beyond Covid-19, Europol warns about a possible increase in intra-
EU trafficking in human beings and in the demand for sexual exploitation42. 

Trafficking in human beings for the purpose of sexual exploitation  continues to be 
consistently  the  most  reported  form  in  the  EU-27,  with  60%  of  all  registered 
victims. Women and girls remain the majority of victims of trafficking for all forms 
of exploitation as they represent 72% of all EU-27 victims.  

Over half of the registered victims of trafficking for sexual exploitation in the EU 27 
were EU citizens (54%) and 42% were non-EU citizens.  

The EU Gender Equality Strategy 2020-202543 highlights that women and girls form 
the vast majority of victims of trafficking in human being and are mostly trafficked for 
the  purposes  of  sexual  exploitation.  The  EU  addresses  trafficking  in  human  beings 
comprehensively  through  coordination  in  all  relevant  areas.  Countering  impunity  of 
users,  exploiters  and  profit-makers  is  a  priority.  The  concerns  of  women  and  girls 
affected by trafficking have to be at the centre of policy development. As announced in 
the  Strategy,  EU’s  accession  to  the  Council  of  Europe  Convention  on  preventing  and 
combating violence against women and domestic violence remains a key priority for the 
Commission.  The  Commission  also  intends  to  issue  a  legislative  proposal  to  prevent 
and combat specific forms of gender-based violence. The legislative initiative will have 
the same objective as the Convention: ensuring that EU Member States have effective 
measures in place (in areas of EU competence) to prevent and combat violence against 
women. 

Many  Member  States  noted  that  sexual  exploitation  remains  the  most  reported  form  of 
trafficking (e.g. AT, BE, CY, EE, DK, DE, EL, HU, NL, RO, SK, ES). This finding is 
also  underlined  in  civil  society  submissions.  Eurojust  highlights  that  the  majority  of 
trafficking in human beings cases in the EU involve sexual exploitation. Further, Europol 
found that sexual exploitation is the most reported practice of trafficking in human beings 
in  the  EU  and  the  majority  of  the  victims  are  EU  nationals  from  Eastern  and  Central 
Europe,  while  non-EU  victims  are  mainly  from  Nigeria,  where  organised  crime  groups 

41   See Sustainable Development Goals (SDGs) 5.2; 8.7 and 16.2. 
42 

 Europol, “Beyond the pandemic - How COVID-19 will shape the serious and organised crime landscape in the 
EU” (2020) 

43   COM(2020) 152 final. 

15 

 
 
 
                                                      
(OCGs) continue to considerably influence EU organised crime. Frontex reports that the 
main  change  observed  at  the  external  borders  is  that  the  number  of  arriving  Nigerian 
women has decreased considerably and has been on a downward trend (at least since the 
beginning of data collection on gender in 2018). While not all women would be victims 
of  trafficking  in  human  beings,  the  past  years  have  shown  how  they  are  transported 
among  the  flow  of  irregular  migrants  crossing,  to  a  large  extent,  the  Central 
Mediterranean.  In  the  period  2018-2019,  the  number  of  arriving  Nigerian  women  has 
remained  low,  which  indicates  a  possible  change  in  modus  operandi  of  the  criminal 
networks.  

The  definition  of  trafficking  in  human  beings  under  the  Anti-trafficking  Directive 
includes among the offences the exploitation of the prostitution of others and other forms 
of  sexual  exploitation.  The  sex  industry  and  prostitution  are  high-risk  sectors  for 
trafficking  for  sexual  exploitation44.  Member  States  have  different  approaches  and 
legislation  on  prostitution.  EU  law  provides  for  minimum  common  rules  for  Member 
States to  address  the criminal  offence of trafficking in  human beings.  For the reporting 
period,  several  Member  States  highlighted  legislation  addressing  the  links  between 
trafficking for sexual exploitation and prostitution. Latvia reports on a draft law, which 
aims at reducing prostitution. In the Netherlands and Germany, legislative developments 
focus on regulating the prostitution sector.  

Member States referred to high-risk environments, such as street prostitution (e.g. HU, 
AT, FR), red light districts (e.g. DE) prostitution in private flats and homes (e.g. AT, SI, 
ES, CY, DK, HU), hotel rooms (e.g. SI, DK) or other kind of rented apartments, escort 
agencies and services (e.g. DK, RO, HU, AT, FR), walk-in brothels (e.g. AT), massage 
services  (e.g.  SI,  RO,  CY,  HU),  and  bars  and  nightclubs  (e.g.  CY,  BG,  SI,  ES,  HU). 
Europol refers to prostitution as a traditional field of exploitation for trafficking in human 
beings45. Some Member States (e.g. BE, SI, ES) and civil society organisations report on 
a decrease in  street  prostitution. Denmark notes that efforts from  the police could  have 
led  to  a  change  in  the  modus  operandi  of  the  traffickers,  resulting  in  fewer  women  of 
non-EU citizenship being forced to prostitute in the streets. Civil society reports a rise in 
trafficking for sexual exploitation through websites and online escort services, which is 
paired with a decrease in street prostitution and brothels.  

Civil society stresses the need to also focus on trafficking for sexual exploitation in other 
sectors  than  prostitution,  such  as  pornography,  non-commercial  sexual  exploitation  for 
the benefit of the traffickers or forced marriage.   

Member  States  acknowledge  a  common  change  in  modus  operandi,  characterised 
by  a  rapid  development  of  the  Internet  and  new  means  of  communication  being 
deployed in many stages of the trafficking chain (e.g. DK, RO, SI, SP, FR, BG, CY, 

44   European Commission, “Working together to address trafficking in human beings: Key concepts in a nutshell” 

(2018). 

45   Europol, 30 April 2020, Beyond the pandemic how COVID-19 will shape the serious and organised 

crime landscape in the EU 

16 

 
 
                                                      
 
DE, LT, PT, GR, SE, AT, SP). This includes the recruitment of victims, with the use of 
social media as common means for recruitment; the transport of victims, notably through 
the  purchase  of  flight  or  train  tickets  online;  the  organisation  of  accommodation;  the 
communication  and  organisation  between  perpetrators  via  open-source  messaging  and 
messenger tools, and the communication with victims through the same means; the use of 
threats to victims with the publication of nude images online; the advertising of victims 
online  or  on  social  media  and  online  chats;  the  monitoring  of  victims  through  online 
video surveillance and through mobile phone location services; and the transfer of profits 
by virtual payment methods. Civil society organisations mention internet as a growing 
risk for trafficking in human beings, particularly for sexual exploitation for profit. 
The risks lie in the fact that the internet provides a less visible environment, which allows 
for  a  less  visible  recruitment  of  victims,  and  a  less-visible  marketplace  which  connects 
users to services and provides an opportunity to target children.  

Some Member States reported on male victims (e.g. PL, GR, SE). For example, Greece 
informed that two thirds of minors who are trafficked there are boys and they are mainly 
exploited for sexual services and for criminal activities. Sweden has reported an increase 
in  sugar  dating,  which  involves  older  men  approach  and  grooming  both  girls  and  boys 
the 
under  18  years  of  age 
production/distribution  of  child  sexual  abuse  images.  Civil  society  raises  the  issue  of 
cases of men and boys being trafficked for the purpose of sexual exploitation being often 
under-represented or unnoticed.  

the  purpose  of  sexual  exploitation  and 

for 

Limited information is provided with regard to trans-gender victims of trafficking. Some 
Member States (e.g. SE, DK, AT) refer to cases of transgender victims being trafficked 
for the purpose of sexual exploitation, including in the prostitution sector. 

Member  States  report  on  vulnerability  factors  that  perpetrators  take  advantage  of, 
including  socio-economic  factors,  such  as  poor  education  (e.g.  RO,  LT,  PL,  EL,  CZ, 
BG), difficult financial circumstances (e.g. PL, EL, BG) and the promise to provide the 
victim with a very well-paid job (e.g. EL), or deception regarding the details of the job, 
as well as mental disabilities.  

Regarding  the  age  of  the  victims,  a  significant  number  of  children,  boys  and  girls, 
continue  to  be  trafficked  for  sexual  purposes  (e.g.  BE,  LV,  NL,  SE,  RO).  Romania 
reports  that  in  recent  years,  an  increasing  number  of  victims,  mostly  girl  victims  of 
trafficking,  has  been  exploited  through  pornographic  representations.  Similarly,  civil 
society reported the presence of children amongst victims of trafficking for sexual 
purposes, as well as children being groomed. In some cases, they specifically refer to 
the use of online chat rooms for recruiting.  

Member States reported that traffickers tend to be from the same country as the victims 
(e.g. PT), and younger than in other forms of exploitation (e.g. SK, NL). Perpetrators are 
predominantly men, but there is a growing presence of female traffickers (e.g. LT, EL). 
Member States continue to report that female perpetrators are increasingly involved in 
this  criminal  activity  (e.g.  LT,  EL)  and  civil  society  highlight  that  women  play  a 
fundamental role in trafficking and in particular with regard to children. 

17 

 
 
The vast majority of Member States report on specific measures taken in order to address 
key  patterns  and  emerging  trends  in  relation  to  trafficking  for  sexual  exploitation. 
However,  civil  society  organisations  continue  to  highlight  insufficient  focus  on 
trafficking  for  sexual  exploitation  in  the  EU,  including  when  it  comes  to 
investigations, and as to the gender dimension of the crime. 

An addition to assisting, supporting and protecting victims, specific measures addressing 
trafficking  in  human  beings  for  sexual  exploitation,  especially  concerning  women  and 
girls, have been taken, including in high-risk sectors, such as prostitution. Member States 
report  on  operational  activities,  such  as  criminal  investigations,  covert  surveillance, 
internet  surveillance  on  trafficking  for  sexual  exploitation  (e.g.  BG,  DE,  FI,  PT,  UK) 
police  assessment  and  monitoring  of  high-risk  sectors,  awareness  raising  campaigns  in 
high-risk sectors (e.g. PT, BG), e-learning course aimed at diplomatic officials (e.g. SE) 
as well as institutional and policy developments, such as the setting-up of working group 
or  committee  (e.g.  AT,  LU).  Some  Member  States  highlighted  EU-level  cross-border 
cooperation  and  international  cooperation,  especially  within  the  framework  of,  or  in 
cooperation  with,  Europol,  in  order  to  address  trafficking  for  sexual  exploitation  (e.g. 
AT,  BG,  PT).  Further  educational  and  training-related  measures  addressing  trafficking 
for sexual exploitation are reported by Member States (e.g. LT, LV, RO, SI), including 
targeting high-risk sectors and high-risk groups, such as marginalised Roma communities 
(forced  marriages)  or  migrants  and  refugees.  Measures  addressing  child  trafficking  for 
sexual  exploitation  at  the  national  level  include  national  action  plans,  investigations, 
publication  and  translation  of  guideline  on  the  use  of  a  child-sensitive  language,  and 
targeted  training  for  professionals  likely  to  come  into  contact  with  child  victims  of 
trafficking.  

Large prostitution ring dismantled in France, Bulgaria and Germany with Eurojust 
support46 

On 3 July 2018, a joint action day in France, Bulgaria and Germany resulted in searches 
for more than 20 locations and arrests of 10 pimps, who have been operating since 2015, 
promising young Bulgarian women employment in France. The women were transported 
first  to  Germany  and  then  to  Strasbourg  and  Annecy,  where  they  were  forced  into 
prostitution.  The  women  were  compelled  to  give  their  earning  to  the  pimps  who  kept 
women  under  close  watch.  The  joint  action  day  was  carried  out  by  authorities  from 
JIRS47  Nancy,  the  Bulgarian  Prosecutor  General  and  the  Prosecutor’s  Office  of 
Oryahovo.  The  pimps  were  arrested  in  France,  Bulgaria  and  Germany,  charged  with 
pimping,  trafficking  in  human  beings,  organised  crime  and  money  laundering.  At  the 
time  of  the  arrests,  several  women  were  put  in  contact  with  support  groups  and 
organisations to help them return safely to their country. 

46   http://www.eurojust.europa.eu/press/PressReleases/Pages/2018/2018-07-16.aspx  

47 

http://www.justice.gouv.fr/organisation-de-la-justice-10031/lordre-judiciaire-10033/les-juridictions-

interregionales-specialisees-13836.html 

18 

 
 
                                                      
Several  Member  States  report  on  measures  focusing  on  demand  reduction  for  sexual 
exploitation,  such  as  adoption  of  new  legislation  (e.g.  CY,  LU,  IE),  amendments  to 
criminal law codes (e.g. EE, EL) or ongoing gender-specific review of relevant national 
law (e.g. EL, IE). In Ireland, the Criminal Law (Sexual Offences) Act 2017 addresses the 
demand for commercial sex. In 2019, the Department of Justice and Equality and other 
State  agencies  worked  in  partnership  with  civil  society  with  a  view  to  developing 
awareness around the new legislation. A key objective of Part 4 of the Act is to reduce 
demand for sexual services. It provides for two new offences of paying for sexual activity 
with a prostitute and paying for sexual activity with a trafficked person, with this latter 
offence carrying a penalty of up to 5 years’ imprisonment and/or an unlimited fine. The 
Act also removes those who offer their services as a prostitute from the existing offences 
of  soliciting  for  the  purpose  of  prostitution.  A  number  of  files  have  been  initiated 
resulting in a well-publicised first conviction for the purchase of sex in 2019.  

Some Member States also mentioned prevention measures aimed at reducing the demand 
for  services  of  the  victims  of  trafficking  for  sexual  exploitation,  including  training  and 
awareness  raising  (i.e.  IE,  IT,  SL)  or  education  initiatives  in  other  relevant  areas,  e.g. 
human rights, reproductive health and sexual education (e.g. EL, LT). Sweden refers to 
the work of the three large municipal services for victims of prostitution and trafficking 
in  human  beings  for  sexual  and  other  purposes.  They  also  operate  separate  support 
services for men, who purchase, men who have purchased sexual services in the past, and 
for potential prostitution users.  

Operational measures in cooperation with civil society in Ireland 

Operation  Quest  is  an  operation  undertaken  by  the  Garda  National  Protective  Service 
Bureau relating to organised prostitution, which provides related training and awareness 
and  liaises  with  NGOs,  with  a  view  to  ensuring  the  detection  of  sexual  exploitation  of 
trafficked persons and the undertaking of associated investigations. 

Personnel  assigned  to  Operation  Quest  are  pro-active  in  the  on-line  monitoring  of 
internet websites associated with prostitution and liaise with both Government and Non-
Government  organisations  working  in  this  area.  The  relevant  personnel  regularly  carry 
out  safeguarding  checks  with  regard  to  the  sex  trade,  which  assists  in  identifying 
potential victims of human trafficking for sexual exploitation. These safeguarding checks 
also  assist  personnel  assigned  to  Operation  Quest  in  monitoring  the  welfare  of  persons 
engaged in the sex trade and to inform them of the services of relevant NGOs. 

Efforts  aimed  at  improving  the  identification  of  victims  of  trafficking  for  sexual 
exploitation were further reported by Member States, such as targeting law enforcement 
authorities (e.g. EL) and targeted trainings for investigations by specialised services and 
in  cooperation with  associations working  with  prostituted persons, amongst  others (e.g. 
FR). The Netherlands reports on measures aimed at improving the identification of child 
victims of trafficking for sexual exploitation, especially in relation to the identification of 
minors exploited by “lover boys”, as well as male victims of sexual exploitation.  

The absence of specific measures addressing trafficking in men for the purpose of sexual 
exploitation,  as  well  as  other  forms  of  exploitation,  such  as  with  respect  to  access  to 

19 

 
 
housing  facilities,  and  psychological  or  legal  assistance,  is  identified  as  a  challenge  by 
some civil society organisations.  

Finland reports on improvements in local cooperation when it comes to identifying and 
referring  victims  of  sexual  exploitation,  as  well  as  in  assistance  services.  However, 
challenges  related  to  the  identification  of  victims  of  trafficking  for  sexual  exploitation 
who  reside  in  Finland  and  providing  assistance  comprehensive  enough  for  victims  of 
sexual  exploitation,  such  as  trauma-oriented  therapy,  remain.  This  concern  is  reiterated 
by the civil society, including regarding other Member States, which outlines the need to 
provide specialised training to professionals involved in the identification process, and to 
ensure  a  multi-disciplinary  cooperation  to  ensure  that  victims  receive  adequate  gender 
and trauma-sensitive counselling. 

Further  measures  aimed  at  providing  social  support  to  victims  of  trafficking  for  sexual 
exploitation, such as exit programmes aimed at persons in prostitution (e.g. FR, IE, MT), 
social and professional reintegration of victims of trafficking for sexual exploitation (e.g. 
ES,  FR),  provision  of  sexual  health  services  to  women  affected  by  prostitution  and 
trafficking  for  sexual  exploitation,  fostering  the  involvement  of  professionals  from 
different  areas  in  the  early  identification  of  potential  victims  or  ensuring  immediate 
access  to  rights  and  assistance  when  there  are  reasons  to  believe  that  the  person  is  a 
victim of trafficking in human beings.  

Spain  highlights  some  challenges  with  respect  to  addressing  trafficking  for  sexual 
exploitation, including the lack of adaptation of these measures to victims with specific 
vulnerabilities,  such  as  children  or  women  with  disabilities,  as  well  as  in  terms  of 
detection and assistance by the different professionals involved, resulting in the lack of 
support  adapted  to  the  specific  circumstances  of  the  victims.  Spain  further  emphasises 
that future measures need to be considered under a common strategy in order to improve 
identification of victims and demand prevention.  

Trafficking in human beings for sexual exploitation is violence against women and 
deeply  rooted  in  gender  inequalities.  Member  States  report  on  measures  addressing 
trafficking in human beings for sexual exploitation in the framework of Violence against 
Women  and  Gender-Based  Violence  (e.g.  EL,  FI,  SE).  For  instance,  Malta  reports  on 
training and awareness-raising measures targeting professionals (e.g. in law enforcement 
and education), including in relation to other forms of gender-based violence (e.g. sexual 
health and female genital mutilation). The Swedish government has assigned the Gender 
Equality  Agency  to  enhance  efforts  within  the  framework  of  the  National  Strategy  to 
Prevent  and  Combat  Men’s  Violence  against  Women,  including  prostitution  and 
trafficking  in  human  beings  for  sexual  purposes.  The  assignment  includes  mapping  of 
research  on  violence  prevention,  and  to  identify  gaps  in  research  and  knowledge. 
Political  and  legislative  developments  on  gender-based  violence  are  ongoing  in  Spain, 
with  a  focus  on  trafficking  for  sexual  exploitation  and  enforcement  of  measures 
addressing  trafficking  in  women  and  girls  for  sexual  exploitation.  Spanish  authorities 
further mention plans for a law on combating trafficking for sexual exploitation.  

Few Member States report on the use of the Internet or new technologies in order to 
address  trafficking for sexual  exploitation.  The Netherlands reports on developments 

20 

 
 
in the criminal approach and methods to addressing sexual exploitation, including work 
on  the  use  of  a  web-crawler  within  an  action  framework  and  during  investigations  in 
order to identify ads in the publicly accessible domain with a risk of sexual exploitation. 
Bulgaria  further  mentioned  awareness  raising  and  prevention  online  campaigns  at  the 
national level focusing on the use of the Internet and new technologies.  

The  European  Parliament  highlights  the  direct  impact  that  some  forms  of  cyber 
violence  against  women  have  on  their  immediate  physical  safety,  such  as 
“trafficking  of  women  using  technological  means  such  as  recruitment,  luring 
women  into  prostitution  and  sharing  stolen  graphical  content  to  advertise  for 
prostitution”. The study adds “women do not have to be internet users to be victims of 
cyber  violence  or  abuse.  They  can  be  the  object  of  depiction,  (i.e.  through  the 
dissemination of rape videos on the internet), the product sold (via websites dedicated 
to  trafficking),  etc.”  It  also  emphasises  on  the  role  of  the  internet  and  new 
technologies in facilitating trafficking in women and girls, by allowing “traffickers 
to extend (part of) their activities online (recruitment, advertisement and sales of 
victims) and gain audience and reach on transnational spaces.”48.   

These findings are supported by the civil society, which draws attention to the fact that 
some forms of violence against women and girls in online spaces are directly linked to 
prostitution and trafficking in human beings, with the Internet facilitating the selling of 
women to multiple “buyers” on a daily basis.  

As announced in the Gender Equality Strategy 2020-2025, the Commission will facilitate 
the  development  of  a  new  framework  for  cooperation  with  online  platforms  to  address 
online  violence  against  women.  The  purpose  of  this  voluntary-based  cooperation  is  to 
bring together relevant stakeholders to share information and best practices on countering 
illegal and harmful online content. 

Many  actions  are  reported  or  advised  to  be  taken  as  gender  sensitive  measures. 
Fundamental  Right  Agency  (FRA)  published  a  guidance49  that  puts  forward  several 
considerations  for  adopting  a  gender  perspective  in  the  protection  of  children  who  are 
deprived  of  parental  care  and  who  are  found  in  need  of  protection  in  an  EU  Member 
States other than their own. In addition to specific recommendations for the professionals 
involved,  the  guidance  highlights  the  gender  dimension  of  the  crime,  and  that  women, 
girls, men and boys are largely trafficked for different forms of exploitation, with women 
and girls overwhelmingly trafficked for the purpose of sexual exploitation. The harms of 
this form of exploitation are severe, brutal and with long-term gender-specific physical, 
gynaecological  and  mental  health  impacts.  Anti-trafficking  measures  addressing  the 

48   European  Parliament,  Study  for  the  FEMM  Committee:  Cyber  violence  and  hate  speech  online 

against women (2018). 

49   FRA in close cooperation with the European Commission (2019), Children deprived of parental care 
found in an EU Member State other than their own - A guide to enhance child protection focusing on 
victims of trafficking  

21 

 
 
                                                      
specific  situation  of  women  and  girls  need  to  be  aligned  with  broader  strategies 
combating violence against women50. 

European  Institute  for  Gender  Equality  (EIGE)51  highlights  that  “trafficking  for  sexual 
exploitation has gained a place on the policy agenda” and recalls that to certain forms of 
violence against women, the argument is being made that in order to eliminate violence 
against  women,  there  needs  to  be  a  societal  change  in  attitudes,  stereotypes  and 
norms. EIGE gives the example of forced marriage, where there is very little discussion 
on  the  perpetrators  and  the  focus  is  rather  on  the  victims  and  providing  them  with 
information and support.  

On  5 December 2019, a  high-level event took place in the context of the Joint Session 
of the EU Network of the National Rapporteurs and Equivalent Mechanisms and the EU 
Civil  Society  Platform  against  trafficking  in  human  beings:  “Leaving  no  one  behind: 
breaking the silence on trafficking for sexual exploitation” bringing together around 200 
participants. 

3.4. TRAFFICKING FOR THE PURPOSE OF LABOUR EXPLOITATION  

for 

this 

form  of  exploitation 

Trafficking for the purpose of labour exploitation is reported to be on the rise by several 
Member States (e.g. HR, DK, EE, DE, FI, LV, LT, MT, PL, PT, SK, SE, BG, LU). Civil 
society  has  also  observed  an  increase  in  trafficking  for  labour  exploitation  in  the  past 
years.  15%  of  registered  victims  in  the  EU-27  and  22%  in  the  EU-2852  have  been 
trafficked 
in  2017-2018.  Labour  exploitation 
predominantly  affects  men  (68%  of  the  registered  victims  in  the  EU-27;  80%  of  the 
registered victims in the EU-28), in certain sectors victims are predominantly women 
(such  as  domestic  work,  body  care  activities  or  cleaning  services).  Europol  highlights 
that trafficking “for the purpose of labour exploitation is most prevalent in less controlled 
industries like the agriculture sector, where low-paid,  low-skilled and intensive work is 
required.  EU  citizens  are  predominantly  employed  around  the  year,  while  non-EU 
citizens  are  mostly  exploited  in  seasonal  work”53.  High-risk  sectors  referred  to  by  the 
Member  States  include  the  agricultural  sector,  factories,  animal  farms,  private 
employment  agencies,  construction  industry,  hospitality  industry,  cleaning  sector, 
domestic work, care services, nursing homes, night shops, pubs, massage parlours, car 
washes,  waste  collecting  and  recycling  businesses,  trade,  forestry,  administrative  and 
supportive services.  

Civil society contributions highlights similar sectors, and especially the areas of cleaning 
services, hospitality, care and domestic help, shisha bars, construction sites, agriculture, 
transport, textiles and garments, food manufacturing, processing and packaging. 

50   Also see EIGE, Gender-specific measures in anti-trafficking actions: report, 2018 
51   EIGE, Gender specific measures in anti-trafficking actions, 2018   

52  

https://eige.europa.eu/publications/gender-specific-measures-anti-trafficking-actions-report  
Including  the  data  from  the  United  Kingdom  changes  the  picture  as  the  majority  of  the  registered 
victims trafficked for labour exploitation within the EU are found in the United Kingdom (64%). 

53   EMSC, 4th Annual report, Europol 2020. 

22 

 
 
                                                      
Europol considers that in the case that the Covid-19 pandemic is followed by a recession, 
there may be an increased demand for trafficking for labour exploitation and a potential 
increase  in  intra-EU  trafficking  of  victims  in  traditional  fields  of  exploitation  such  as 
textile  and  agricultural  sectors  and  in  others  such  as  construction,  tourism,  catering, 
nursing and domestic services. “In addition to the prolonged harm suffered by victims of 
trafficking, the closure of businesses with lower profit margins due to an economic crisis 
will leave the market open to those with illegal or cheap labour at their disposal.”54 

Europol highlights that OCGs engaged in labour exploitation are expected to continue to 
generate  huge  profits  from  their  involvement  in  labour  intensive,  low-skilled  and  low-
paid  work  sectors55  and  recommends  using  financial  investigations  consistently  and  as 
extensively as possible by the competent authorities in trafficking in human beings cases 
in the agricultural sector.  

Even though Member States report that the majority of victims of this form of trafficking 
are men (e.g. AT, HU, NL, PT, SK, SP), there are also reports of women falling victims 
of  this  form  of  trafficking  (e.g.  LU,  CY,  NL,  PT,  SK).  Civil  society  highlights  that 
women and girls victims tend to be more often trafficked for domestic and care related 
exploitation, including at-home elder and geriatric care.  In addition, some contributions 
by  the  Member  States  and  the  civil  society  highlight  that  there  is  also  a gender  bias  in 
labour  exploitation,  regarding  the  type  of  tasks  delegated  to  women  and  the  forms  of 
subjugation  applied  to  them.  Portugal  assesses  that  in  the  agricultural  sector  female 
victims have an obligation to perform work tasks similar to men, and are at the same time 
held responsible for the domestic work of the traffickers' homes. Sexual violence is often 
used as a means of control and it is reported that female victims of labour exploitation are 
often  raped  by  their  exploiters.  Regarding  prosecution,  civil  society  contributions 
highlight that victims engaged in at-home elder care are often overlooked, with national 
authorities  focusing  on  investigations  in  other  sectors  with  a  higher  presence  of  male 
victims, like construction, agriculture and gastronomy.  

Most  Member  States  observed  an  important  number  of  victims  trafficked  for  labour 
exploitation originated from within the EU. In addition an increase in non-EU nationals 
was  observed  (e.g.  PT,  EE),  mainly  deriving  from  large-scale  operations.  Some  of  the 
main nationalities of victims reported for this form of exploitation include Morocco (e.g. 
BE, ES), Romania (e.g. BE, RO), Moldova (e.g. CZ, PT, EE), and Ukraine (e.g. LV, CZ, 
SK,  EE).  India,  Pakistan,  Bangladesh,  Slovakia,  Eastern  European  countries  and  the 
Philippines were also reported as countries of origin of victims. 

Member  States  report  on  patterns  in  the  irregular  employment  of  victims  coming  from 
Eastern European countries, especially Moldova and Ukraine. The Czech Republic notes 
a  trend  in  the  employment  of  Moldovan  nationals  using  forged  Romanian  documents, 
thus  granting  them  easier  access  to  the  EU  labour  market,  and  employing  Ukrainian 
nationals  holding  Polish  visas.  Estonia  reports  on  the  existence  of  a  similar  trend, 

54   Europol, 30 April 2020, Beyond the pandemic how COVID-19 will shape the serious and organised 

crime landscape in the EU 

55   EMSC, 4th Annual Activity report 2019 ( Europol, 2020). 

23 

 
 
                                                      
especially  in  the  construction  sector.  Latvia  observes  that  males  from  Ukraine, 
Uzbekistan,  Tajikistan  and  Kyrgyzstan  are  being  employed  in  the  construction, 
agriculture and transportation sectors in Latvia.  

Civil society organisations have reported concerns of potential trafficking for the purpose 
of  labour  exploitation  in  Ukrainian  guest  workers  in  the  agriculture  and  construction 
industries.  Some  Member  States  further  report  on  cases  of  Philippine  nationals  falling 
victims of trafficking in the sector of transportation (e.g. AT, DK). Denmark reports that 
a factor influencing the 2018 statistics was a police raid. During the operation, the police 
found Philippine and Sri Lankan drivers, who had been recruited by local agencies in the 
Philippines  and  hired  through  a  Polish  subsidiary  company  to  a  large  Danish  transport 
company.  The  men  were  transported  and  harboured  by  the  company  under  degrading 
conditions  in  containers  and  barracks  and  were  living  in  poor  conditions.  Authorities 
found several indicators of trafficking in their stories and they were finally identified as 
victims of trafficking in human beings.  

Member States  (e.g. BE, GR, NE, UK) report an increasing tendency in  children being 
amongst victims of trafficking for labour exploitation.  

A  significant  number  of  Member  States  report  on  progress  made  in  the 
identification of victims of trafficking for labour exploitation. This is partly due to 
the  intensification  of  inspections  by  labour  authorities,  including  in  cooperation 
with  law enforcement.  Member States further  refer to  increased  efforts  to  target  high-
risk  sectors  (e.g.  AT,  BE,  BG,  CY,  CZ,  DK,  HU,  LV,  SK,  ES).  They  highlight 
cooperation  between  different  stakeholders  involved  in  the  identification  of  victims  of 
trafficking  for  labour  exploitation,  such  as  labour  authorities,  law  enforcement, 
immigration  and  asylum  officers,  assistance  services,  tax  authorities,  border  guards,  as 
well  as  different  governmental  agencies  and  institutions  (e.g.  AT,  BE,  EE,  FI,  LT,  SI, 
SK).  

Measures  taken  to  address  trafficking  for  labour  exploitation  and  improve  the 
identification  of  its  victims  include  targeted  trainings  for  labour  inspectors  and  social 
inspectors (e.g. AT, BE, EL, LU, LT), as well as other relevant professionals, including 
in  law  enforcement,  the  judiciary,  the  legal  profession,  social  workers,  custom 
authorities,  diplomatic  and  consular  officers,  immigration  authorities,  in  the  education 
sector, employment agencies, shelters (e.g. BG, DE, EL, HU, LU, MT, SE).  

As reported, inspections were also conducted in the framework of the Joint Action Days 
on labour exploitation (e.g. BE, CY, EL, HR, LT, FR, PT), and within the framework of 
the  European  Multidisciplinary  Platform  against  Criminal  Threats  /  Trafficking  in 
Human  Beings  (EMPACT  THB)56  (e.g.  AT,  SE),  especially  focusing  on  high-risk 
sectors.  

56   The  “fight  against  the  trafficking  in  human  beings  (THB)  in  the  EU  for  all  forms  of  exploitation, 
including  sexual  and  labour  exploitation  as  well  as  all  forms  of  child  trafficking”  is  one  of  the  EU 
crime priorities adopted by the Council of the EU at its meeting on 18 May 2017, for the EU Policy 
Cycle / EMPACT to tackle organised and serious international crime for the period 2018 – 2021. Doc. 

24 

 
 
                                                      
 
Joint action day on labor exploitation 201857 

Europol  supported  a  Europe-wide  operation  carried  out  from  14  to  19  May  by  law 
enforcement  agencies,  labour  inspectorates,  immigration  services,  tax  authorities,  trade 
unions  and  other  partners  targeting  organised  crime  groups  (OCGs)  trafficking 
vulnerable people for the purpose of labour exploitation.  

During  the  action  week,  more  than  39  000  individuals  were  stopped  and  checked, 
alongside over 12 900 vehicles and inspections were carried out at over 4 640 places of 
business  and other locations. As a result of these checks, 57 suspects  were arrested for 
trafficking in human beings and a further 192 persons were detained or arrested for other 
offences including illegal immigration. Overall, 379 potential victims of trafficking were 
identified.  Data  gathered  during  the  operation  has  led  to  the  launch  of  56  new 
investigations  in  order  to  identify  further  suspects  and  victims  linked  to  trafficking  in 
human beings cases across the EU. 

Member  States  also  report  on  operational  activities  undertaken  in  order  to  address  the 
crime,  for  instance  Joint  Investigation  Operations  in  cooperation  with  other  Member 
States (e.g. BG, HR, LV, SE).  

Dismantling of an Organised Crime Groups involved in the trafficking of Bulgarian 
citizens for labour exploitation in the agricultural sector in France58 

In  the  framework  of  joint  investigative  operations  with  other  Member  States,  in 
September 2019 and in the framework of a joint operation of Bulgarian and French law 
enforcement  authorities,  an  organised  crime  group  for  trafficking  in  Bulgarian  citizens 
for  labour  exploitation  in  the  agricultural  sector  in  France  was  neutralised.  About  167 
people  hired  seasonally  to  harvest  grapes  near  Lyon  were  identified  as  victims.  A 
Bulgarian company was involved in the process, which would recruit workers in Bulgaria 
and  send  them  to  French  employers,  while  misappropriating  a  significant  share  of  the 
workers' income. 

Ireland  reports  that  the  Memorandum  of  Understanding  for  the  Monitoring  and 
Enforcement of the terms of Employment of non-EEA crewmen has facilitated in 2019 a 
significant  information  sharing  between  parties,  particularly  in  respect  to  several 
investigations on alleged trafficking for labour exploitation of 21 migrant fishermen. 

Despite  progress  made  in  the  identification  of  cases  of  trafficking  for  labour 
exploitation,  civil  society  organisations  indicate  that  there  remains  a  need  to 

ST 9450/17  – Council conclusions on setting the EU’s priorities for the fight against organised and 
serious international crime between 2018 and 2021). 

57 

58 

European Migrant Smuggling Centre, 3rd Annual Activity Report – 2018 (2019) 
https://www.europol.europa.eu/publications-documents/emsc-3rd-annual-activity-report-
%E2%80%93-2018 
https://www.europol.europa.eu/newsroom/news/bad-harvest-for-bulgarian-french-network-exploiting-
vineyard-workers 

25 

 
 
                                                                                                                                                              
 
improve labour inspections and monitoring of employment standards, especially in 
industries such as agriculture, building, catering, cleaning, hotels or nail bars.  

Measures  specifically  targeting  the  trafficking  of  domestic  workers  are  mentioned, 
including  legislative  and  policy  developments  related  to  labour  (e.g.  CY),  training  of 
diplomatic  and  consular  staff  (e.g.  AT)  and  cooperation  with  civil  society  (e.g.  FR). 
Nevertheless,  civil  society  organisations highlight that not  all high-risk sectors are paid 
the  same  attention,  and  that  identification  is  more  difficult  in  some  of  them,  such  as 
domestic  work,  including  working  for  diplomatic  staff,  private  care,  construction, 
catering and hotel industry, textile factories and beauty salons. 

In  terms  of  awareness  raising,  many  measures  include  the  provision  of  information  to 
persons  at  risk  of  trafficking  for  labour  exploitation  (especially  job  seekers),  in  the 
context  of  migration  (for  example  along  migrants  smugglers’  routes  and  at  risk  due  to 
criminal networks in the Mediterranean) , asylum procedures, and on their labour rights 
and  obligations  (e.g.  AT,  BG,  CZ,  ES,  FR,  LT,  LV,  MT,  PL,  PT,  RO,  SK).  These 
measures  especially  target  high-risk  sectors  (e.g.  seasonal  workers  in  the  agricultural 
sector).  

With regard to deceptive recruitment sites in the broader context of exploitation in labour 
market context, the Fundamental Rights Agency (FRA) reports that some victims found 
work through the internet, and they were deceived because working conditions turned out 
to  be  different  from  those  advertised.  FRA  advises  that  “in  some  areas  of  serious 
organised  crime,  Europol  supports  Member  States  with  intelligence  about  suspicious 
websites. An enhanced use of the capabilities Europol has could help Member States to 
take  measures  against  persons  running  deceptive  recruitment  sites,  particularly  when 
there is a suspicion of trafficking in human beings.”59 

Cooperation with the European Labour Authority (ELA)60 

According to the regulation of the newly created European Labour Authority, within the 
framework  of  their  respective  competences,  the  Authority  should  cooperate  with 
agencies  of  the  Union,  in  particular  those  established  in  the  area  of  employment 
and social policy, building on their expertise and maximising synergies: the European 
Foundation  for  the  Improvement  of  Living  and  Working  Conditions  (Eurofound),  the 
European Centre for the Development of Vocational Training (Cedefop), the European 
Agency  for  Safety  and  Health  at  Work  (EU-OSHA),  and  the  European  Training 
Foundation  (ETF),  as  well  as,  as  regards  the  fight  against  organised  crime  and 
trafficking in human beings, with the European Union Agency for Law Enforcement 

59 

https://fra.europa.eu/sites/default/files/fra_uploads/fra-2019-severe-labour-exploitation-workers-
perspectives_en.pdf  

60   Regulation (EU) 2019/1149 of the European Parliament and the Council of 20 June 2019 establishing 
a European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and 
(EU) 2016/589 and repealing Decision (EU) 2016/344, OJL-186, 11.07.2019, p 21. 

26 

 
 
 
                                                      
 
Cooperation  (Europol)  and  European  Union  Agency  for  Criminal  Justice  Cooperation 
(Eurojust). Such cooperation should ensure coordination, promote synergies and avoid 
any duplication in their activities. 

Several  Member  States  address  the  risks  of  trafficking  for  labour  exploitation  in 
marginalised Roma communities, especially Roma youth. Bulgaria, in particular, reports 
on several relevant initiatives aimed at preventing this phenomenon, including awareness 
raising campaigns and through education and employment.  

The  role  of  Roma  and  youth  mediators  through  education  and  employment- 
Bulgaria 

Special  attention  is  paid  to  the  activities  of  Roma  and  youth  mediators,  case  managers 
and  psychologists  focusing  their  efforts  on  encouraging  inactive  and  discouraged 
individuals  to  be  pro-active  in  the  labour  market,  including  through  getting  educated 
and/or  registering  with  the  Labour  Offices.  The  task  of  Roma  mediators  is  to 
shorten/resolve  individuals’  state  of  unemployment  and  guide  them  into  employment 
through motivating them to seek employment, work, learn skills and receive education, 
or register with the Labour Offices. To that end, the mediators hold formal and informal 
meetings with individuals or groups, which is the first step towards informing them and 
identifying their personal chances of finding employment. Roma mediators act according 
to  the  individual  needs  and  characteristics  of  beneficiaries,  inform  them  and  motivate 
them  to  be  active  in  the  labour  market.  To  achieve  the  goals  set  out  above,  Roma 
mediators  work  in  the  neighbourhoods  with  predominantly  Roma  ethnic  population 
which are at a particularly high risk and in particular need for prevention. 

Some of these measures target non-EU citizens coming to work in a Member State (e.g. 
DK,  RO,  SK)  as  well  as  measures  addressed  at  EU  own  citizens  who  go  and  work  in 
another EU Member State (e.g. RO) or outside of the EU (e.g. PL, RO). 

Prevention and awareness raising measures target law enforcement authorities, judiciary, 
NGOs,  governmental  institutions  and  the  public  (e.g.  ES,  SI),  but  also  employers  and 
businesses (e.g. DK), with a focus on providing knowledge on the signs and indicators of 
trafficking for labour exploitation and forced labour within businesses. France reports on 
the  ongoing  drafting  of  a  convention  on  partnerships  between  the  State  and  social 
partners  in  the  context  of  the  Second  National  Action  Plan  on  trafficking  in  human 
beings,  which  aims  at  raising  awareness  amongst  all  relevant  business  stakeholders  on 
the risks of trafficking in human beings in the work environment.  

Some Member States report on cooperation with other Member States, non-EU countries 
and international organisations, including the organisation of events and conferences, as 
well as trainings (e.g. BG, EL, MT, PL). 

Increasing knowledge on trafficking in human beings for labour exploitation in the 
Baltic Sea Region 

In September 2019, the Council of the Baltic Sea States (CBSS), Task Force Trafficking 
in  human  beings  launched  a  two-year,  international  project,  Competence  building, 

27 

 
 
Assistance  provision  and  Prosecution  of  labour  exploitation  cases  in  the  Baltic  Sea 
Region  (CAPE).  CAPE  is  a  project  against  trafficking  for  forced  labour  and  labour 
exploitation that aims to support relevant national and local authorities in project member 
states  to  investigate  and  prosecute  cases  of  forced  labour,  and  to  assist  victims.  The 
special objectives of the project are to  increase  knowledge  about  labour  exploitation  in 
the Baltic Sea Region, to stimulate dialogue and know-how exchange between CBSS and 
EU Member States, and to increase the capacity of national public authorities to counter 
trafficking for labour exploitation. Project member states are Sweden, Denmark, Latvia, 
Norway, Poland and Germany.  

Italy  reports  on  strategic  policy  developments  on  combating  illegal  employment  and 
labour exploitation in the agricultural sector, including the adoption of a national plan for 
2020-2022  against  labour  exploitation  and  labour  exploitation  in  agriculture.  Portugal 
mentions measures specifically addressing trafficking in human beings in the agricultural 
sector, notably by developing information tools, such as the dissemination of leaflets to 
seasonal migrant workers in different languages and including information on the risks.   

Several  Member  States  and  civil  society  organisations  report  on  difficulties  to 
investigate  and  prosecute  offences  concerning  labour  exploitation  including 
trafficking for labour exploitation under the national law (e.g.FI, SI, NL, SK), which 
bears implications on the rights of the victims.  

In the broader context, policy and legislative measures related to labour conditions, 
illegal/undeclared work, forced labour and more broadly in the field of employment 
were adopted by a significant number of Member States (e.g. BG, DE, EE, EL, ES, 
IE,  FR,  MT,  PL,  SK).  Although  not  directly  addressing  trafficking,  these  measures 
contribute to the efforts towards improving the identification of victims and cases of 
trafficking  for 
labour  exploitation.  Several  Member  States  further  mention 
developments  in  their  international  commitments,  in  particular  the  ratification  of  the 
Protocol  of  2014  to  the  Forced  Labour  Convention,  1930,  n°29  of  the    International 
Labour  Organisation  (ILO)  (e.g.  IE,  NL).  16  Member  states  ratified  the  ILO  Forced 
Labour Protocol between 2016 and 2019 (AT, BE, CY, CZ, DE, DK, EE, ES, FI, FR, IE, 
LV, MT, NL, PL, SE). In December 2019, the Commission organised an expert meeting 
for  Member  States  on  the  ratification  and  implementation  of  the  ILO  Forced  Labour 
Protocol  in  the  EU,  addressing  in  particular  national  policies  for  prevention,  protection 
and remedy and enforcement issues. 

In  June  2018,  the  EU  Fundamental  Rights  Agency  (FRA)  published  a  focus  paper  on 
migrant women exploited in domestic work61. It captures the views and experiences of 
victims of labour exploitation in domestic settings. The second publication on Protecting 
migrant  workers  from  exploitation  in  the  EU:  boosting workplace  inspections  was 
published  in  September  201862.  Evidence  from  the  research  aimed  to  guide  authorities 

61   EU Fundamental Rights Agency 2018, Out of Sight: Migrant Women Exploited in Domestic Work.   
62 
EU Agency  for Fundamental  Rights 2018, Protecting  migrant  workers  from exploitation in the EU: 
boosting workplace inspections, 

28 

 
 
 
                                                      
with a responsibility to protect and assist workers on how to design effective measures to 
stop labour exploitation. The overall results of the research with victims were published 
in  June  2019:  Protecting  migrant  workers  from  exploitation  in  the  EU:  workers’ 
perspectives63. Based on first-hand interviews with exploited workers in different sectors 
and  under  diverse  conditions,  the  research  urges  to  tackle  different  forms  of  labour 
exploitation  across  the  EU,  addressing  also  trafficking  for  labour  exploitation.  FRA 
organised the conference ‘From wrongs to rights  – Ending severe labour exploitation’64 
in  Brussels  on  25  June  2019.  It  hosted  the  conference  together  with  the  Romanian 
Presidency  of  the  Council  of  the  EU,  the  EEA  and  Norway  Grants  and  the  Council 
Secretariat to tell the stories of severely exploited migrant workers65. 

Some Member States reported on trafficking for forced labour being linked to other types 
of forced criminality, most predominant drug trafficking (e.g. BG, LT, SP, NL, AT). 

In the context of the Covid-19 outbreak, concerns were raised regarding the situation of 
seasonal  workers,  especially  with  respect  to  their  rights  and  protection:  The  European 
Parliament adopted a Resolution on European protection of seasonal workers in the 
context  of  the  Covid-19  crisis  in  June  202066  that  calls  on  the  European  Commission 
and  the  Member  States  to  ensure  equal  treatment  of  third-country  seasonal  workers 
with  EU nationals,  as  stated in  Directive 2014/36/EU, recalling that such workers have 
the  same  labour  and  social  rights  as  EU  citizens.  Moreover,  it  calls  for  supporting  the 
work  of  social  partners  and  civil  society  organisations  to  ensure  that  workers  have 
adequate  access  to  public  services,  trade  union  support,  decent  housing,  protective 
equipment, meals and healthcare. 

The  European  Commission  adopted  on  16  July  2020  the  Guidelines  on  seasonal 
workers in the EU in the context of the Covid-19 outbreak67.  This document recalls 
the rights of seasonal workers regardless of their status: whether they are EU citizens or 
non-EU nationals, including those working regularly abroad on their own accord, or are 
posted  for  example  through  temporary  work  and  recruitment  agencies.  It  provides 
guidance to national authorities, labour inspectorates, and social partners to guarantee the 
rights,  health  and  safety  of  seasonal  workers,  and  to  ensure  that  seasonal  workers  are 
aware of their rights. In order to protect seasonal workers, Member States are invited to 
step  up  the  enforcement  of  existing  EU  and  national  law  and  strengthen  the  field 
inspections in this respect, including with the support of the European Labour Authority 
(ELA). 

63 

https://fra.europa.eu/en/publication/2019/protecting-migrant-workers-exploitation-eu-workers-
perspectives   

64   https://fra.europa.eu/en/event/2019/wrongs-rights-ending-severe-labour-exploitation  

65https://fra.europa.eu/en/publications-and-
resources/videos?title=&published_at%5Bmin%5D%5Bdate%5D=24%2F06%2F2019&published_at
%5Bmax%5D%5Bdate%5D=26%2F06%2F2019&related_content=  

66 (2020/2664(RSP)) 

67   C(2020) 4813 final 

29 

 
 
                                                      
 
 
The  European  Platform  tackling  undeclared  work68  enhances  cooperation  between 
Member  States'  relevant  authorities  and  other  actors  involved  to  fight  undeclared  work 
more  effectively  and  efficiently  while  fully  respecting  national  competences  and 
procedures.  The  Platform  offers  different  resources  to  help  build  know-how  and 
showcase transferable practices to tackle undeclared work. The work programme of the 
Platform69  foresees,  among  others,  a  study  on  migration  and  exploitation  which  will 
focus  on  a  series  of  case  studies  highlighting  different  approaches  to  tackle  undeclared 
work  and  labour  exploitation  of  vulnerable  groups  of  migrant  workers  including  third 
country nationals. 

The  EU  support  to  the  re-integration  and  social  inclusion  of  vulnerable  groups  into 
society is embedded in various principles of the European Pillar of Social Rights that 
apply to all legally  residing third-country nationals.  The principle concerning the equal 
opportunities is particularly relevant in this context. 

3.5. OTHER FORMS OF EXPLOITATION 

3.5.1.  TRAFFICKING FOR FORCED CRIMINALITY AND FORCED BEGGING 

The  majority  of  Member  States  observe  the  presence  of  trafficking  for  forced  begging 
and forced criminality (e.g. AT,  BE,  BG, HR, CZ, DK, FR, DE, EL,  LT, NL, PL, SK, 
ES,  UK).  In  some  Member  States,  these  forms  of  trafficking  are  reported  to  be  on  the 
increase  (e.g.  BG,  HR,  EL,  NL,  PL).  The  involvement  of  children  is  also  reported  in 
these forms of trafficking (e.g. AT, EL, FR, SE, FR).  

Regarding trafficking for forced criminality, Member States report on victims being used 
in many areas of petty crime, such as property crime, begging and theft, as well as more 
complex forms of crime, including aggravated theft and fraud (e.g. AT, FR, HR). Other 
types of forced criminality, linked to trafficking of drugs (e.g. AT, LT, ES, NL) have also 
been reported.  

Europol  reports70  that  a  large  share  of  cases  of  trafficking  for  forced  criminality 
concerned drug-related crimes such as forced work in cannabis cultivation, or organised 
property  crime  such  as  pickpocketing  or  shoplifting.  Eurojust  confirms  these  findings, 
and highlights that this form of trafficking also involves EU nationals, who are trafficked 
and forced to sell drugs.  

According  to  Member  States,  victims  exploited  for  forced  criminality  tend  to  be 
younger (e.g. HR, EL, AT, UK), and include men and boys (e.g. AT, EL), and women 
and girls (e.g. SK, AT). Further, there is a growing number of victims from the Maghreb 
area  (mainly  Morocco)  and  Africa  (mainly  Nigeria)  (e.g.  EL,  DK,  SE,  AT).  Member 
States (e.g. AT, PL, FR) and civil society contributions also note that victims belong to 

68   https://ec.europa.eu/social/main.jsp?catId=1299&langId=en 

69   https://ec.europa.eu/social/BlobServlet?docId=16358&langId=en 

70   EMSC, 4th Annual Activity Report , 2019 ( Europol, 2020). 

30 

 
 
 
                                                      
ethnical  minorities,  including  marginalised  Roma  communities,  and  originate  from 
Bosnia  and  Herzegovina  and  Romania.  This  form  of  trafficking  is  characterised  by  a 
high mobility between countries. 

Member  States  report  that  victims  of  trafficking  for  forced  begging  originate 
predominantly  from  Eastern  European  countries  (e.g.  BG,  RO).  Particularly  vulnerable 
victims to this form of exploitation are persons with substance and alcohol use disorders, 
physically disabled, ethnic minorities,  including from  marginalised Roma  communities, 
and people in difficult financial situations. Several Member States mention that physical 
and  psychological  force  is  inflicted  upon  victims  (e.g.  PL,  SE,  ES,  AT,  BG).  Eurojust 
adds that EU nationals, including some with physical disabilities, are also trafficked for 
forced  begging.  Other  findings  based  on  Member  States  reports  highlight  that  family 
members are sometimes involved as perpetrators or as facilitators, and that the age of the 
victims  is  often  lower  than  for  other  forms  (e.g.  SP,  SE,  RO,  HR,  PL).  Similarly,  to 
trafficking for forced criminality, trafficking for forced begging is highly mobile, due to 
the fact that the victims are constantly transferred around different regions, with the aim 
of avoiding detection by the authorities.  

Member  States  (e.g.  FI,  ES)  report  that  cases  of  trafficking  for  forced  begging  or 
forced criminal activity are still most likely to be unidentified and are some of the 
most invisible trafficking cases.  

3.5.2.  TRAFFICKING FOR FORCED AND EXPLOITATIVE SHAM MARRIAGES  

Member  States  continue  to  report  cases  of  trafficking  for  sham  marriages  (e.g.  CZ,  FI, 
LV, LT, PL, SK, BG), some considers such cases increasing. Victims trafficked for this 
form  of  exploitation  are  sometimes  reported  as  being  subjected  to  other  forms  of 
trafficking,  including  sexual  exploitation  and/or  labour  exploitation.  Civil  society  also 
points out the occurrence of forced marriages in the Member States, sometimes combined 
with other forms of trafficking.  

Member States report that victims trafficked for forced and sham marriages are mainly 
women  or  children,  and  there  is  a  prevalence  of  victims  from  marginalised  Roma 
communities,  from  Eastern  Europe  and  Morocco,  as  well  as  EU  citizens.  Cyprus,  for 
instance, mentions that perpetrators take advantage of administrative procedures and visa 
regime  in  the  country  they  operate  and  exploit  the  victims’  vulnerable  position  (for 
instance,  poor  economic  conditions,  drug  addiction,  mental  issues,  etc.)  to  perform  the 
marriage.  

Eurojust  reports  that  EU  nationals,  some  with  mental  disabilities,  are  trafficked  for  the 
purpose  of  sham  marriages  with  non-EU  nationals  to  allow  the  latter  to  get  residence 
permits  in  an  EU  country.  Czechia  highlights  that  the  trend  of  forced  and  early  age  or 
sham  marriages  is  closely  linked  to  the  movement  and  residence  of  third-country 
nationals  in  EU  countries,  as  the  demand  in  many  cases  comes  from  non-EU  nationals 
(for  example,  Bangladesh,  Pakistan,  and  Afghanistan).  Poland  further  mention 
investigations  in  relation  to  the  trafficking  in  Polish  nationals  for  the  purpose  of  sham 
marriages in other Member States, including Cyprus and the United Kingdom. 

31 

 
 
Slovakia reports on the trafficking in women and girls for the purpose of forced marriage, 
with cases of early forced marriages linked to complex interlinks between traditions and 
the specific situation of children within marginalised Roma communities.  

The  gender  dimension  of  trafficking  for  the  purpose  of  forced,  early  age  and 
exploitative  sham  marriages  is  highlighted  by  civil  society  organisations,  as 
disproportionately  affecting  women  and  girls.  The  link  with  migration  is  also 
demonstrated by the EU agencies and civil society, notably the particular vulnerability of 
migrant  women  and  girls.  EIGE  reported  that  “with  increasing  numbers  of  women  and 
girls  being  found  among  those  fleeing  their  countries  the  amount  of  women  and  girls 
exposed  to  trafficking  and  forced  marriage  is  increasing”.  Similarly,  the  European 
Asylum Support Office (EASO) reports that, in the context of migration, forced marriage 
is a potential form of trafficking in Libya.  

A  significant  number  of  civil  society  organisations  has  identified  the  phenomenon  of 
trafficking for exploitative sham marriages, which disproportionately affect women and 
girls,  as  an  emerging  concern  in  the  EU.  They  further  highlight  the  subsequent 
vulnerability of victims of this form of trafficking to abuse within the marriage, or further 
exploitation, such as for sexual or labour purposes.  

3.5.3.  ADDITIONAL EXAMPLES OF OTHER FORMS OF EXPLOITATION 

In  addition  to  trafficking  for  forced  criminality,  for  forced  begging  and  for  forced  and 
exploitative sham marriages, Member States  also  reported on, trafficking  for selling of 
babies and for illegal adoptions (e.g. PT, BG, ES, LT), and selling of organs (e.g. BG). 
Eurojust  also  highlights  that  other  forms  of  trafficking  in  the  reporting  period  include 
trafficking of EU citizens with the aim to give birth and sell their babies and trafficking 
of  EU  nationals  being  financially  exploited  through  fraud.  Some  civil  society 
contributions have raised concerns about emerging forms of trafficking in human beings 
in the form of surrogacy.  

Portugal  reported  one  investigation  regarding  a  case  of  an  illegal  adoption,  involving 
Ecuadorian citizens and an Ecuadorian victim, although the investigation was closed and 
transferred to Ecuador. Another case in Portugal concerned the selling of babies. It was 
reported  that  one  Brazilian  citizen,  helped  by  her  Portuguese  lover,  sold  four  of  her 
babies  to  Portuguese  immigrants  living  abroad  (France,  Switzerland)  for  adoption.  She 
received  over  EUR  100  000  for  the  four  children.  Bulgaria  reported  that  trafficking  in 
pregnant  women  for  ‘selling’  new  born  babies  has  decreased  significantly.  Greece  and 
Cyprus  are  preferred  destination  countries  for  this  form,  due  to  some  specific  traits  of 
these countries’ national legislation.  

32 

 
 
 
In  2019,  Greek  law  enforcement  authorities,  supported  by  Europol,  dismantled  an 
organised  crime  group  involved  in  the  trafficking  of  human  beings  for  the  purpose  of 
selling ova, illegal adoption and money laundering71. 

The  criminal  network  recruited  vulnerable  pregnant  women  from  Bulgaria  and 
transported  them  to  Greece  where  they  were  sent  to  private  hospitals  to  deliver  their 
children. The newborns were then illegally adopted for between EUR 25 000 and EUR 
28  000  each.  The  fees  included  paying  the  biological  mother,  all  legal  expenses, 
hospitalisation,  delivery  itself  and  the  members  of  the  criminal  group.  Some  of  the 
mothers brought to Greece were also used as surrogates.     

The same criminal group was also involved in ovum trafficking. The criminals recruited 
donors  in  Greece,  mainly  from  Bulgaria,  Georgia  and  Russia.  The  women  were  then 
transferred  to  Thessaloniki  to  undergo  a  series  of  fertility  treatments  to  increase  the 
number of ova. 

In  total,  the  case  involved  66  individuals,  including  a  lawyer,  an  obstetrician-
gynaecologist  and  employees  of  private  clinics.  Officers  seized  EUR  13  000  in  cash, 
three cars, mobile phones and electronic devices, various documents related to adoption 
and surrogate procedures, birth certificates and bank statements.  It  is  estimated that the 
criminal  activity  generated  at  least  EUR  500  000.  The  money  was  laundered  through 
financial institutions, luxury goods and properties. 

Europol  supported  the  investigation  by  facilitating  secure  information  exchange, 
providing  operational  and  analytical  support,  and  intelligence  and  financing  one 
operational meeting. 

Spain  reports  on  a  trafficking  case  for  this  form  of  exploitation  involving  a  criminal 
network that exploited Paraguayan women sexually. One of the victims arrived to Spain 
being pregnant and one of the leaders of the network arranged an illegal adoption when 
the  child  was  born  so  the  victim  could  continue  to  be  exploited.  Lithuania  refers  to 
ongoing  individual  pre-trial  investigations  into  other  forms  of  trafficking  in  human 
beings, including illegal adoption.  

Additionally,  a  case  of  trafficking  for  selling  of  organs  to  Turkey  was  reported  in 
Bulgaria.  Belgium  reported  on  a  law  relating  to  trafficking  in  human  organs  and  the 
principle of non-punishment of victims of trafficking in human beings being adopted on 
22  May  2019,  in  conformity  with  the  provisions  of  the  Council  of  Europe  Convention 
against Trafficking in Human Organs.  

71 

https://www.europol.europa.eu/newsroom/news/66-suspected-of-arranging-illegal-adoptions-and-
surrogacies-and-human-egg-trafficking-in-greece 

33 

 
 
 
                                                      
3.6. CHILD TRAFFICKING 

This chapter provides further information and analysis with regard to child trafficking in 
the  EU,  in  addition  to  the  concerns  identified  in  chapter  3.3  of  this  staff  working 
document regarding trafficking for sexual exploitation, in particular of  girls victims. 

Children accounted for nearly one-third (32%) of all registered victims in the EU28 
in 2017-2018. Without data from the United Kingdom, children accounted for 22% in the 
EU 27. The majority of children trafficked within the EU28 were EU citizens (57%), 
mostly  trafficked  within  their  own  country.  Without  including  data  from  the  United 
Kingdom,  nearly  three  quarters  (74%)  of  all  child  victims  registered  in  the  EU27 
were EU citizens. The majority of child victims (64%) in the EU27 (37% in the EU28) 
were trafficked for the purpose of sexual exploitation and 6% in the EU27 (16% in 
the EU28) for forced labour. 

Nearly half (49%) of the child victims registered in the EU28 were girls, the other half 
being boys. Without the UK data, the vast majority of child victims in the EU 27 in 
2017-2018  were  girls  (78%),  boys  accounted  for  21%  of  the  victims.  Nearly  three 
quarters  (74%)  of  all  child  victims  registered  in  the  EU-27  were  EU  citizens72.  Girls 
represented almost three quarters of child victims with non-EU citizenship (69%)73. The 
majority of child victims in the EU-27 (64%) have been trafficked for the purpose of 
sexual exploitation74.  

The EU legal and policy framework is victim-centred, gender-specific and child-sensitive 
and identifies children as inherently vulnerable to trafficking in human beings75. Despite 
worthwhile efforts against child trafficking, the phenomenon persists.  

European Parliament’s resolution on Children’s Rights (2019)76 

“Recalls the crucial importance of ensuring that the rights of all girls and boys who are 
victims of trafficking are respected, irrespective of their nationality status; reiterates its 
call on the Member States to fully implement the EU Anti-Trafficking Directive with a 
special focus on preventive measures; stresses the importance for the Member States of 
stepping  up  action  to  ensure  accountability  towards  the  victims  of  trafficking  and  to 
eradicate  the  crime  itself,  as  well  as  to  combat  the  impunity  that  still  prevails  among 
traffickers, exploiters, profit makers and abusers, including by criminalising the use of 
services exacted from victims of trafficking for all forms of exploitation.” 

72  

In EU28: of all child victims of trafficking 57% are EU citizens (out of which 49% trafficked in their 
own country) and 41% of trafficked children are non-EU national. 

73   EU28: nearly half (49%) of the child victims registered in were girls, the other half being boys; girls 
were the majority of child victims holding EU citizenship (62%) and accounted for 34% of child 
victims with non-EU citizenship.  

74   37% in the EU 28. 
75  Study  on  high-risk  groups 
https://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/study_on_children_as_high_risk_groups_of_trafficking_in_huma
n_beings_0.pdf 

in  human  beings,  European  Commission 

trafficking 

for 

76   European Parliament resolution of 26 November 2019 on children’s rights on the occasion of the 30th 
anniversary of the UN Convention on the Rights of the Child (2019/2876(RSP)), P9_TA(2019)0066. 

34 

 
 
                                                      
According  to  Europol,  trafficking  and  exploitation  of  boys,  especially  for  sexual 
exploitation, and including children in migration, remains an under-reported phenomenon 
at EU level. Europol reported that female suspects play a key role in the trafficking and 
exploitation of children, much more than in criminal networks involved in trafficking of 
adult victims. Document fraud is highlighted as an essential component in the trafficking 
of  children  as  traffickers  often  use  fraudulent  documents  to  conceal  the  real  age  of  the 
victims. 

The exploitation of child victims of trafficking for forced criminality related to property 
crimes  such  as  pickpocketing  or  shoplifting,  but  also  to  drug-related  crimes,  such  as 
cannabis cultivation, is a worrying concern according to Europol77. Children in migration 
and unaccompanied minors continue to  be  at  higher risk of trafficking and exploitation 
along  migration  routes  towards  and  within  the  EU.  Reports  show  that  traffickers  have 
frequently  used  reception  centres  to  identify  potential  victims  and  to  arrange  further 
transportation of victims to the places of exploitation78. 

The  Council  conclusions  provided  for  the  EU  Policy  Cycle  to  tackle  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. Operational  activities against child trafficking, 
such as Joint Action Days, are regularly carried out under EMPACT with the support of 
Europol (AP Phoenix)79. Actions targeting child trafficking carried out under EMPACT 
in 2018-2019 resulted in the arrest of 58 suspects for trafficking, the identification of 104 
child  victims,  the  youngest  of  which  was  only  two  years  old,  and  the  initiation  of  76 
cases.  In  2018-2019,  Eurojust  has  supported  33  cases  on  trafficking  in  human  beings 
involving children. 

Frontex  reported  that  in  2018-2019,  the  number  of  children  arriving  to  the  EU  has 
increased (13%) compared to previous  years and in 2019 alone, the number of arriving 
unaccompanied children has increased by 35% compared to 2018. The Agency pointed 
out that, while this is not per se an indicator of trafficking, children represent a vulnerable 
group  that  requires  special  attention.  Frontex  has  started  in  2018  to  collect  data  on 
arrivals  at  the  external  borders,  disaggregated  by  the  age  and  gender  of  arriving  third-
country  nationals,  as  well  as  the  status  of  arriving  children,  in  order  to  better  identify 
vulnerable  groups, including trafficking in  human beings. Frontex regularly shares data 
on  arriving  children  with  the  Fundamental  Rights  Agency  and  supports  other  EU 
Agencies and partners in their work. 

Europol  in  cooperation  with  Portugal’s  Immigration  and  Borders  Service  organised  in 
2019  an  international  conference  on  trafficking  of  non-EU  children.  The  conference 
provided a forum for discussion among practitioners of current challenges related to child 

 Ibid. 

77   EMSC 4th Annual Activity Report – 2019. 
78 
79   Analysis  Project  (AP)  Phoenix  is  Europol’s  operational  project  dealing  with  Trafficking  in  Human 
Beings.  The  team  provides  operational  and  analytical  support  to  investigations  on  trafficking  in 
human  beings  for  all  forms  of  exploitation  as  well  as  strategic  intelligence  picture  on  THB  and 
support to the EMPACT activities. 

35 

 
 
                                                      
trafficking, such as the identification of potential victims, the international dimension of 
the  phenomenon,  trends  and  the  modus  operandi  used  by  the  trafficking  organisations 
and investigative experiences.  

The EU has provided funding to support anti-trafficking projects, including with a focus 
on addressing child trafficking. The European Commission regularly publishes calls for 
proposals under the Asylum, Migration and Integration Fund (AMIF) to support actions 
for  the  integration  of  third  country  nationals  who  are  victims  of  trafficking  and  the 
Internal  Security  Fund-Police  (ISF-P)  for  law  enforcement  actions,  taking  into  account 
child victims of trafficking and the gender specificity of the criminal phenomenon.  

The EU Agency for Fundamental rights (FRA) has continued to support Member States 
in  strengthening  guardianship  systems.  The  Handbook  on  Guardianship80  produced  in 
2015 together with the European Commission continues to be a relevant and useful tool 
in the practical implementation of guardianship. In January 2018, FRA also produced a 
summary of its report “Guardianship systems for children deprived of parental care in the 
EU”.  In  the  last  years,  several  Member  States  have  amended  their  guardianship  laws, 
such  as  Greece  and  Italy.  In  the  framework  of  FRA’s  work  in  the  Greek  and  Italian 
hotspots,  FRA  has  also  been  involved  in  supporting  national  actors  in  defining  the 
structures and working methods of guardians and building the capacity of key actors.  

Civil  society  pointed  out  the  identification  of  child  victims  of  trafficking  as  a 
continuous challenge and  highlighted that cases of child trafficking are often treated as 
cases  of  child  sexual  abuse,  thus  failing  to  take  into  account  potential  exploitative 
structures involved in the crime. 

Workshops  targeting  children  going  through  age  assessment  procedures  and 
development of child-friendly procedures in Portugal 

In  January  2019,  upon  suggestion  by  the  Council  of  Europe,  the  National  Commission 
carried  out  a  series  of  workshops  aimed  at  children  going  through  age  assessment 
procedures in Portugal, a situation that may affect trafficked children as well.  

Following the outcomes of the workshop, the National Commission developed, with the 
financial support from the Council of Europe, a brochure on age assessment procedures 
designed  for  refugee  and  migrant  children,  as  well  as  other  children  undergoing  this 
procedure, including child victims of trafficking.  

The brochure takes into account the recommendations of the Council of Europe on child-
friendly justice, social services and healthcare focussing on the  reasons  age  assessment 
procedures  exist,  their  consequences,  the  institutions  and  personnel  involved,  expected 
timeline,  the  rights  that  children  have  before,  during  and  after  going  through  the 
procedures,  as  well  as  useful  contacts.  The  brochure  is  also  meant  to  inspire  other 
professionals in different national contexts. 

80 

European Union  Agency for Fundamental Rights 2015, Guardianship systems  for children deprived 
of parental care in the European Union. 

36 

 
 
                                                      
FRA  developed,  in  cooperation  with  the  European  Commission,  a  guide  on  Children 
deprived of parental care found in an EU Member State other than their own, published 
in  201981.  The  guide  aims  to  strengthen  the  response  of  all  relevant  actors  for  child 
protection. It implements an action set forth in the 2017 Communication stepping up EU 
action  against  trafficking  in  human  beings.  The  guide  focuses  on  child  victims  of 
trafficking  and  children  at  risk,  and  takes  into  account  identified  patterns,  in  particular 
trafficking in girls. The guide has been translated to Bulgarian, Croatian, Dutch, French, 
German, Greek, Hungarian, Italian, Polish, Romanian and Spanish.  

Foreword  to  the  Fundamental  Rights  Agency’s  (FRA)  guide  to  enhance  child 
protection focusing on victims of trafficking  82 

“Children  are  particularly  vulnerable.  However,  vulnerabilities  alone  do  not  result  in 
trafficking. Trafficking in human beings is fuelled by the high profits it generates and 
by  the  demand  for  the  services  exacted  from  the  victims.  In  the  EU  today,  many  are 
using girls and boys like commodities – often in plain sight. A variety of actors profit, 
both in legal and illegal sectors. Changing this appalling reality must therefore include 
countering 
impunity  by  bringing  perpetrators,  exploiters  and 
users/abusers to justice.” 

the  culture  of 

3.7. EMERGING CONCERNS ON TRAFFICKING IN HUMAN BEINGS AND PERSISTING 

VULNERABILITIES  

Member States, civil society and EU agencies refer to emerging new concerns. The use 
of information technology is pointed out by many as an emerging concern.  

Europol reports an emerging trend of organised crime groups engaging in trafficking 
in human beings for the purpose of illegal  adoptions across the Member States83.  In 
addition, multiple forms of exploitation of victims was identified as an emerging issue.  

Internal  trafficking,  child  trafficking,  trafficking  in  Roma  victims  and  vulnerability  of 
migrant  and  refuges  women  and  of  unaccompanied  minors  have  been  reported  as 
persistent risks and patterns of trafficking. 

3.7.1.  MULTIPLE FORMS OF EXPLOITATION 

The  Second  progress  report  highlighted  that  some  groups,  mainly  children  and  girls  in 
marginalised Roma communities, had fallen victims to multiple and combined forms of 
exploitation. In this reporting period, Member States (e.g. CY, SK, SP, SE and PL) have 
reported  cases  of  multiple  forms  of  exploitation,  including:  trafficking  for  sexual 

81 

FRA 2019, Children deprived  of parental care found  in an EU Member State other than their own, A 
guide to enhance child protection focusing on victims of trafficking. 
Ibid. trafficking.  

82  
83   EMSC, 4th Annual Report, Europol, 2020. 

37 

 
 
 
 
                                                      
  
exploitation and for forced labour (e.g SK); forced labour and criminal exploitation (e.g. 
SK, PL); sexual exploitation and forced criminal activities (e.g. ES, SK); forced begging 
and forced criminal activities (e.g. ES, PL, SK); forced begging and sexual exploitation 
(e.g. SE, SK); and sexual exploitation and forced marriage (e.g. SK).  

Women  and  girls  appear  to  be  particularly  vulnerable  to  multiple  forms  of 
exploitation. Slovakia reports that, in 2017, combined ways of exploitation appeared, in 
particular  for  female  victims,  exploited  for  the  purposes  of  sexual  exploitation  in 
combination  with  forced  labour,  forced  marriage  or  forced  criminal  activity  (theft).  In 
addition,  a  combined  way  of  exploitation  appeared  in  one  male  victim,  who  was 
exploited for purposes of forced begging, sexual exploitation and forced criminal activity 
(theft).  In  2018  there  were  two  cases  reported  for  combined  forms  of  exploitation:  a 
combination  of  forced  marriage  and  sexual  exploitation  in  female  child  victims.  Spain 
reports, for instance, the case of a Bulgarian criminal network that forced women (some 
of them girls) to sexual exploitation and to commit thefts in large city centres. Another 
case  concerned  a  criminal  network  that  recruited  Romanian  and  Moroccan  victims  and 
forced them to beg and to steal. In Poland, victims of domestic exploitation were forced 
to  commit  criminal  activities  or  to  open  accounts,  from  which  the  perpetrators  drew 
funds using credit cards registered in the name of the victims. In addition, some victims 
were  forced  to  steal  as  well  as  to  sell  counterfeit  products.  Sweden  reports  on  cases  of 
young  women,  who,  in  addition  to  being  forced  to  beg,  were  subjected  to  sexual 
exploitation.  

3.7.2.  INTERNAL TRAFFICKING 

The Second Progress Report showed an increase in internal trafficking. One key finding 
of the present reporting period is that EU citizens continue to be trafficked within their 
own  Member  State.  Several  Member  State  highlight  that  identified  victims  within  the 
country are their citizens (e.g. BE, HR, CY, CZ, FR, EL, HR, LV, PL, PT, RO, SK, ES). 
In  some  Member  States  (e.g.  FR  and  ES),  this  is  highlighted  as  one  of  the  most 
concerning trends.  

During  2017  and  2018,  27%  of  the  victims  with  EU  citizenship  were  registered  in 
their  own  Member  State  in  the  EU-28.  In  the  EU-27,  the  number  of  victims 
registered  in  their  own  Member  States  increases  to  34%.  The  countries  with  the 
highest number of own citizens amongst their registered victims of trafficking in the EU 
28 were the United Kingdom, Romania, France, Hungary and the Netherlands.  

Member States  refer particularly to  women and girls (e.g. HR, SK) and children  (e.g. 
RO, LV) as being trafficked within their own country.  The link between trafficking for 
the purpose of sexual exploitation and internal trafficking is highlighted consistently 
with the findings of the Second progress report (e.g. LV, FR). Nevertheless, there is also 
a discernible trend in internal trafficking for labour exploitation (e.g. PT, LV).   

3.7.3.  ROMA VICTIMS AND THEIR VULNERABILITY TO TRAFFICKING  

People from marginalised Roma communities, in particular women and children, have 
been identified as victims of trafficking for different forms of exploitation and considered 

38 

 
 
to  be  at  high  risk  of  trafficking.  They  are  trafficked  for  all  purposes  of  exploitation,  in 
particular for sexual, for labour, for forced begging and forced criminality and for forced 
and  exploitative  sham  marriages.  The  findings  of  the  Second  progress  report  are 
reaffirmed in the current reporting period. 

The  European  Economic  and  Social  Committee  (EESC)  in  its  Exploratory  Opinion 
requested  by  the  European  Parliament  on  the  document  “The  situation  of  Roma 
women”84  emphasize  concerns  and  actions  to  be  taken  against  trafficking  in  Roma 
women and girls. 

European Economic and Social Committee (EESC) stresses that : 

  Roma  women  and  girls  are  particularly  vulnerable 

in  situations  of 
discrimination  and  segregation,  and  easily  fall  victim  to  violence  and  other 
offences.  They  are  disproportionately  affected  by  all  known  forms  of 
exploitation and human trafficking. 

  The Committee agrees that all forms of human trafficking and violence targeting 
Roma  women  are  flagrant  violations  of  human  rights,  explicitly  prohibited  by 
the Charter of Fundamental Rights of the European Union, and that the Member 
States  should  take  action  on  this  basis85.  These  are  serious  criminal  offences, 
driven  by  demand  and  which  are,  in  very  different  ways,  highly  profitable  for 
organised  international  crime  gangs,  and  to  which  Roma  women  and  children 
are disproportionately exposed. 

Civil  society  organisations  that  are  active  in  the  empowerment  of  Roma  communities 
highlight  that  the  vulnerability  of  people  from  marginalised  Roma  communities  to 
trafficking stems from their economic and social situation. 

The  Commission  has  been  ensuring  policy  coherence  and  consistency  between  the  EU 
anti-trafficking  framework  and  the  EU  framework  for  National  Roma  Integration 
Strategies.    It  remains  essential  to  address  the  risk  of  people  from  marginalised  Roma 
communities  becoming  victims  of  trafficking  in  human  beings  due  to  their  vulnerable 
situation,  in particular to enable them to access  their rights  and be treated as a victims 
who  are  right-holders  and  not  as  perpetrators  (for  example  in  the  case  of  forced 
criminalities).  

The Commission Communication on the Report on the implementation of national Roma 
integration strategies – 201986 highlights that only two Member States reported focusing 
on  fighting  trafficking  in  human  beings.  The  complementing  Staff  Working  Document 
indicates that “other areas where relatively few measures were reported were areas which 
could  directly  affect  the  living  conditions  of  the  Roma  population,  for  example: 
desegregation measures, cooperation between Member States in situations with a cross-
border  dimension,  and  measures  to  fight  trafficking  in  human  beings.”  The  measures 

84 

SOC/585, available at: 
reports/opinions/situation-roma-women-exploratory-opinion-european-parliament  

 https://www.eesc.europa.eu/en/our-work/opinions-information-

85   Article 5(3) of the Charter of Fundamental Rights of the European Union. 
86   COM(2019) 406 final. 

39 

 
 
                                                      
explicitly  targeting  Roma  women  dealt  primarily  with:  (i)  fighting  violence,  including 
domestic  violence,  against  women  and  girls;  and  (ii)  fighting  underage  and  forced 
marriages.  Measures  explicitly  targeting  Roma  children  and  youth  dealt  primarily  with 
fighting  trafficking  in  human  beings.  The  post-2020  initiative  on  Roma  equality  and 
inclusion87  will  build  on  ongoing  synergies  and  policy  developments  to  continue 
addressing trafficking in people from marginalised Roma communities. 

3.7.4.  VULNERABILITY OF MIGRANT AND REFUGEE WOMEN TO TRAFFICKING 

Member States and EU agencies point out an increase in cases of victims who are 
asylum seekers or come from conflict areas. For instance, EIGE highlights that “with 
increasing numbers of women and girls being found among those fleeing their countries 
the amount of women and girls exposed to trafficking and forced marriage is increasing”.  

Spain  observes  an  increase  in  victims  coming  from  Venezuela  and  Colombia  applying 
for  international  protection,  as  well  as  criminal  networks  taking  advantage  of  legal 
pathways  to  enter  the  country.  A  significant  number  of  countries  identify  patterns 
with respect to Nigerians and asylum seekers from other African countries (e.g. AT, 
FI,  NL,  ES),  mainly  women  trafficked  for  sexual  exploitation.  In  Finland,  an 
increasing number of trafficking cases are reported to be related to failed cases of asylum 
seekers, whose situation has made them more vulnerable to exploitation in different areas 
of work, but also in prostitution and other forms of sexual exploitation.  

Civil  society  organisations  widely  express  concerns  regarding  the  increasing 
numbers  of  trafficked  persons  from  third  countries  who  are  migrants,  in  the 
majority  of  cases  involved  in  asylum  procedures,  especially  from  Nigeria  and  Latin 
America.  Reports  highlight  the  continued  misuse  of  the  asylum  procedure  by  Nigerian 
trafficking networks, who force victims to apply for asylum under their control in order 
to obtain a certificate of asylum request or even a residence permit.  

In 2019, the Fundamental Rights Agency (FRA) issued the report “Integration of young 
refugees  in  the  EU:  good  practices  and  challenges”88  with  results  of  the  agency’s  field 
research  on  young  people  who  arrived  in  2015-2016  in  some  Member  States  and 
identifies good practices, and main challenges. The report has a chapter on vulnerability 
to  crime,  which  also  touches  upon  trafficking  in  human  beings,  including  factors  that 
may  play  a  role  in  whether  young  people  may  become  involved  in  crime,  either  as 
victims  or  as  perpetrators.  About  a  third  of  the  interviewed  experts  considered 
trafficking  in  human  beings,  primarily  in  connection  with  sexual  exploitation  and 
forced prostitution, a particular risk for refugee women and girls. 

87   https://ec.europa.eu/info/policies/justice-and-fundamental-rights/combatting-discrimination/roma-

and-eu/preparing-post-2020-initiative-roma-equality-and-inclusion_en  

88   European Union Agency for Fundamental Rights 2019, Integration of young refugees in the EU: good 

practices and challenges. 

40 

 
 
                                                      
3.7.5.  VULNERABILITY OF UNACCOMPANIED CHILDREN TO TRAFFICKING 

Civil  society  organisations  highlight  the  particular  vulnerability  to  trafficking  in 
human  beings  of  unaccompanied  minors  from  non-EU  countries,  who  often  go 
missing. 

A  number  of  Member  States  report  cases  of  particularly  young  boys,  often  from  the 
migrant communities or unaccompanied minors, as being most at risk of falling victims 
of trafficking in human beings (e.g. NL, DK, SE, EL, AT).  

Frontex  reported  that  children  represent  a  vulnerable  group  that  requires  special 
attention. "In 2019 the number of arriving unaccompanied children (UAC) increased by 
35%  in  relation  to  2018.  Afghans  (27%  of  the  total),  Syrians  (11%),  Tunisians  (11%), 
Sudanese  (6%),  Pakistanis  (5%)  and  Somalis  (4%)  were  the  largest  group  of  UACs  in 
2019. UACs are the most vulnerable to exploitation and the increase in their numbers is a 
worrying trend.” 

The International Organisation for Migration (IOM), the UN Children’s Fund (UNICEF) 
and  the  UN  High  Commissioner  for  Refugees  (UNHCR)  publication  “At  a  crossroads 
Unaccompanied  and  separated  children  in  their  transition  to  adulthood  in  Italy”  (2019) 
provides  information  regarding  the  normative  framework  and  the  reception  system  for 
unaccompanied and separated children who have been identified as victims of trafficking 
in  Italy.  “The  biographies  reveal  potential  vulnerabilities  linked  to  individual 
distressful  events  that  range  from  experiences  of  torture,  sexual  violence  and 
exploitation in Libya, to the dangerous journey along the Mediterranean route, to anger 
and disappointment at having been pushed by parents to migrate or deceived by known 
individuals,  as  often  occurs  to  girls  and  young  women  who  are  victims  of 
trafficking.”89. 

The issue of unaccompanied minors appears as a concern in the contributions of several 
Member States (e.g. DE, DK, EL, SE), who have taken measures in order to address this 
phenomenon,  including  through  training  (e.g.  DE,  DK)  and  legislative  developments 
(e.g.  EL).  The  Swedish  Migration  Agency  notes  an  increase  in  the  number  of 
unaccompanied boys from Morocco, who applied for asylum in Sweden. Sweden further 
reports on ongoing preliminary investigations initiated by the Stockholm Police Region 
on  cross-border  cases  of  trafficking  involving  a  number  of  male  adolescents  from 
Morocco  between  the  ages  of  14-17  who  were  forced  to  commit  crimes  on  behalf  of 
traffickers. Many of these boys are also reported to have been sexually exploited/abused. 
Other Member States, such as France, Denmark or Greece, report on criminal networks 
exploiting unaccompanied minors for forced criminality. France provides an account of 
cases  of  Moroccan  boys  in  an  irregular  situation,  who  are  forced  to  commit  thefts  of 
jewellery  or  mobile  phones  on  behalf  of  criminal  networks.  Drugs  and  serious  abuses, 
such as rape, lacerations and other forms of physical violence, are reported to be used by 
the criminal networks.   

89  

ISMU Foundation 2019, At a Crossroad. Unaccompanied and Separated Children in their Transition 
to Adulthood in Italy. UNICEF, UNHCR, IOM; 

41 

 
 
                                                      
EASO  addresses  issues  related  to  vulnerable  persons  such  as  children,  including 
unaccompanied children, victims of trafficking in human beings, persons at risk because 
of their  gender,  gender identity or sexual  orientation and any  other person with  special 
needs.  The  Agency  has  integrated  a  child-sensitive  approach  in  its  activities  and 
highlights  gender-specific  aspects  related  to  vulnerable  persons,  including  victims  of 
trafficking  in  human  beings,  in  the  context  of  operations,  training  and  other  asylum 
support  activities.  Regarding  training,  EASO  has  developed  the  Training  Module  on 
Interviewing  children  and  Training  Module  on  Gender,  Gender  Identity  and  Sexual 
Orientation.  It  aims  to  raise awareness  and knowledge on children and  other applicants 
whose human rights are being violated because of their gender, gender identity or sexual 
orientation.  Considering  the  strong  gender  dimension  of  trafficking  in  human  beings, 
EASO aims to ensure the availability of interviewers of both genders in the operational 
context,  and  their  training  in  specialised  interview  techniques  when  dealing  with 
particularly vulnerable cases.  

3.8.TRAFFICKING IN HUMAN BEINGS IN THE CONTEXT OF INTERNATIONAL 

MIGRATION 

Trafficking is not per se a migration related phenomenon, nor does it require the crossing 
of borders. A significant number of victims in the EU are EU nationals, including those 
trafficked  within  their  own  Member  State.  Not  all  non-EU  victims  arrive  to  the  EU 
through  irregular  migration  routes.90  Trafficking  in  human  beings  is  a  complex  crime, 
linked  to  various  other  crimes.  Some  of  them,  such  as  migrant  smuggling,  may  be 
supporting  offences  facilitating  the  different  stages  of  the  trafficking  chain  in  specific 
contexts.  

Civil  society  organisations  highlight  that  the  migration  crisis  is  reported  to  have 
heightened  the  risks  of  trafficking  in  human  beings,  with  trafficking  networks  abusing 
asylum procedures, mainly for the purpose of sexual exploitation of victims.  

Member  States  have  continued  experiencing  arrivals  of  mixed  migration  flows  and  the  
identification and detection of victims or potential victims of trafficking have continued 
to  be  a  challenge.  Addressing  these  challenges  includes  broad  cooperation  among 
diverse actors, i.e. on national level to develop further the referral systems, cooperate 
with  other  country’s  authorities  and  support  organisations  (e.g.  returning  the  victims  to 
their country of origin); seeking the support and guidance of EU agencies (e.g. Frontex, 
FRA,  EASO,  Europol);  working with  international  organisations  (e.g.  in  the  case  of 
voluntary returns). 

Some Member States adopted measures as a response to the evolving migratory situation 
in  the  EU.  For  instance,  Austrian  authorities  updated  the  fifth  National  Action  Plan  in 
order  to  include  training  and  awareness  raising  activities  for  law  enforcement, 

90   See also Second Progress report and the complementing Staff Working Document 

42 

 
 
 
                                                      
immigration  officials,  as  well  as  staff  working  at  reception  centres,  care  facilities  and 
detention centres.  

In  Cyprus,  the  migration  crisis  is  reported  to  have  increased  the  risks  of  trafficking  in 
human  beings,  especially  non-EU  citizens  from  Cameroon  and  Nigeria.  These  persons 
arrive under the promise to find employment in Cyprus or to be able to apply for asylum, 
and  are  trafficked  for  sexual  exploitation  upon  their  arrival.  In  such  context,  Member 
States report on international cooperation with non-EU countries, in order to identify and 
dismantle trafficking networks taking advantage of and abusing asylum procedures. 

Europol highlights in the European Migrant Smuggling Centre (EMSC Annual Activity 
Report  201991  the  links  between  trafficking  in  human  beings  and  other  crimes  in  the 
context  of  international  migration.  The  report  notably  includes  information  on  the 
activities  of  Nigerian  networks,  which  achieved  significant  influence  in  EU  organised 
crime by regular cooperation with local criminal groups, and highlights the links of these 
networks  with  other  forms  of  organised  crime  “linked  to  trafficking  in  human  beings, 
such  as  fraud,  corruption,  migrant  smuggling,  counterfeiting  of  documents  and  money 
laundering.  They  are  also  involved  in  trafficking  and  distribution  of  various  types  of 
drugs  and  currency  counterfeiting.”  Amongst  other  aspects,  Member  Sates  operational 
contributions show that Nigerian networks “abuse the asylum mechanism to legalise both 
theirs  and  their  victims’  status.  Many  suspects  involved  in  trafficking  in  human  beings 
hold legal residence permits, are currently asylum applicants, or have refugee status.” 

Submissions  from  civil  society  emphasise  the  lack  of  recognition  that  migration  and 
gender  are  important  aspects  of  trafficking  in  human  beings,  which  result  in  the 
disproportionate targeting of women and girls trafficked for sexual exploitation. Further, 
asylum-seeking  women  are  at  a  higher  risk  of  falling  victim  of  trafficking  in  human 
beings and to become victims of another form of gender-based violence, such as rape or 
domestic violence, in particular due to difficulties in accessing safe accommodation and 
adequate counselling. Civil society raises the need for a gender-specific approach to 
the provision of assistance and support services to victims of trafficking in human 
beings, especially for sexual exploitation.  

4.  TRAFFICKERS AND THEIR MODUS OPERANDI  

In the EU28 in 2017-2018, there were 11 814 persons in formal contact with police and 
criminal justice systems (suspected, arrested or cautioned), 6 404 prosecutions and 2 483 
convictions  for  trafficking  in  human  beings  offences  registered.  Without  data  from  the 
United Kingdom, there were 11 788 persons in formal contact with police and criminal 
justice  systems  (suspected,  arrested  or  cautioned),  6  163  prosecutions  and  2  426 
convictions for trafficking in human beings offences reported in 2017-2018 in the EU 27.  

The majority of the traffickers concerned trafficking for sexual exploitation: 77% of 
the suspects, 58% of the prosecuted and 54% of the convicted persons were registered in 
relation  to  trafficking  for  sexual  exploitation.  Less  than  one-fifth  of  all  traffickers 

91   https://www.europol.europa.eu/publications-documents/emsc-4th-annual-activity-report-–-2019  

43 

 
 
                                                      
registered in the EU concerned trafficking for labour exploitation: 13% of the suspects, 
19% of the prosecuted and 16% of the convicted.   

Nearly  three-quarters  of  the  traffickers  registered  in  the  EU  were  male:  73%  of  the 
suspects,  69%  of  the  prosecuted  and  74%  of  the  convicted  in  relation  to  trafficking  in 
human beings. The vast majority of all registered traffickers consisted of adults: 91% of 
the  suspects,  87%  of  the  prosecuted  and  93%  of  the  convicted.  These  patterns  are 
consistent in EU 28 and EU 27. 

The  majority  of  all  traffickers  were  EU  citizens:  68%  of  the  persons  suspected 
(registered  in  formal  contact  with  police  and  criminal  justice  systems  as  suspected, 
arrested or cautioned person), 56% of those prosecuted and 72% of those convicted  for 
the offences of trafficking in human beings.  

In  the  EU  for  the  period  2017-2018,  the  top  countries  of  origin  of  suspects  with  EU 
citizenship  in  absolute  numbers  were  Italy,  France,  Romania,  Germany  and  Bulgaria. 
When compared to the population of the respective Member States, the top countries of 
origin of suspects with EU citizenship were Bulgaria, Romania, Hungary, and Italy and 
Slovakia.  The  top  five  countries  of  origin  of  non-EU  suspects  were  Nigeria,  China, 
Morocco, Albania and Pakistan. These findings are consistent in EU 27 and EU 28. 

The top countries of origin of EU citizens prosecuted for trafficking in human beings in 
the  EU28  in  2017-2018  were  France,  Romania,  Belgium,  the  Netherlands  and  Poland. 
Considering the rate of prosecutions by EU citizenship compared to the population of the 
respective  EU  Member  States,  the  top  EU  countries  of  citizenship  of  prosecuted  for 
trafficking  were  Cyprus,  Belgium,  Romania,  France  and  Lithuania.  These  patterns  are 
consistent in EU 27 and EU 28. The highest number of non-EU persons prosecuted for 
trafficking in the EU28 were respectively from Nigeria, China, Ukraine, India and Brazil. 
For  the  EU27,  the  top  countries  of  citizenship  of  non-EU  persons  prosecuted  for 
trafficking were Nigeria, China, the United Kingdom, Ukraine and India. 

The  highest  number  of  EU  citizens  convicted  for  trafficking  in  the  EU  in  2017-2018 
were from Romania, France, Germany, Bulgaria and  Lithuania. Considering the rate of 
convictions by EU citizenship compared to the population of the respective EU Member 
State,  the  top  EU  countries  of  citizenship  of  persons  convicted  for  trafficking  were 
Romania, Lithuania, Bulgaria, Latvia and Estonia. The top countries of origin of non-EU 
citizens  convicted  for  trafficking  were  respectively,  Morocco,  China,  Nigeria,  Turkey, 
Albania and Brazil. These findings are valid for both EU 27 and EU 28.  

Member States reported that traffickers use different means to exercise control over the 
victims,  including  psychological  abuse,  use  of  threats,  intimidation,  harassment  or 
blackmailing,  debt  bondage,  withholding  travel  documents,  threat  of  deportation  and 
reporting to the authorities, control of victims’ wages/earnings, restrictions of movement 
and personal contacts or isolation, insufficient living conditions, denial of medical care, 
abuse  of  victim’s  dependency  caused  by  the  language  barrier,  blackmail  with 
pornographic materials of the victim or online video surveillance. Bulgaria even reports 
that  video  surveillance  applications  have  largely  replaced  the  practice  of  physically 
controlling  victims, which was common in the past. Drugs are also reported to be used 

44 

 
 
as  means  of  coercion  to  ensure  obedience  by  the  victims  or  in  cases  of  labour 
exploitation, to enable victims to work for longer hours. 

The  reported  trends  of  traffickers  using  less  physical  and  more  psychological  violence 
remain  in  line  with  previous  reports.  Member  States  and  EU  Agencies  (Europol)  both 
note a shift towards the use of more psychological control and verbal threats and less 
use of physical force. Nevertheless, the use of physical violence and physical aggression 
persist as reported by a number of Member States and civil society. France reports that 
within the Romanian Roma community, more violent means are being used in pimping: 
young  Roma  girls  are  sent  by  force  to  France,  kidnapped  and  raped,  then  subjected  to 
forced street prostitution and the threat of reprisals. Networks of Roma pimps in Serbia 
and Bosnia have adopted similar methods, targeting  young  girls  from  their community, 
traded, sold or forcibly married to a pimp resident in France. 

In the case of sexual exploitation, the ‘lover boy’ method continues to be widely used as 
reported  by  a  considerable  number  of  Member  States,  civil  society  and  EU  Agencies 
(Eurojust).  Germany  highlights  that  around  one  in  six  victims  of  trafficking  in  human 
beings for sexual exploitation was forced into prostitution via the ‘lover boy’ method.  

Member  States  reported  on  recruitment  through  agencies,  job  advertisements  in 
newspapers  travel  agencies,  through  acquaintances  or  family  members  and  through 
recruiters in organised crime groups. A growing number of Member States indicated the 
internet and related social media as one of the most predominant forms of recruitment. In 
the  case  of  Nigerian  victims,  Member  States  reported  that  organised  criminal  networks 
organise  recruitment  in  Nigeria  and  then  travel  and  exploit  victims  in  Europe  and  that 
modus operandi of Nigerian networks is linked to voodoo-juju practices. For the purpose 
of labour exploitation, Eurojust highlighted that victims have been many times deceived 
into thinking that they would find work in another Member State and upon arrival, they 
were already in  debt  to  the organised criminal  group for transport and accommodation, 
which had to be paid back. 

4.1. ORGANISED CRIME GROUPS (OCGS) 

A  number  of  Member  State  note  the  involvement  of  OCGs  in  trafficking  in  human 
beings,  which  are  well-structured  criminal  networks,  operating  internationally,  in  some 
cases, with a pool of trans-border facilitators. Member States have reported the presence 
of  groups  with  specialised  tasks,  including  recruitment,  transport,  provision  of  clients, 
guarding  of  victims  or  provision  of  accommodation  and  food  for  victims.  Operations 
involve  trafficking  for  multiple  forms  of  exploitation:  sexual  exploitation,  labour 
exploitation,  in  sectors  such  as  garment  factories,  hotels  &  restaurants,  catering  and 
construction,  exploitation  for  the  use  of  begging,  exploitation  for  criminal  purposes, 
forced marriage and organ removal.  

Traffickers  are  involved  in  different  ways  in  the  organised  structures.  For  example, 
Bulgaria reported on OCGs engaged in cross-border trafficking in human beings that are 
not  centralised,  but  operate  through  a  broad  pool  of  facilitators  in  Bulgaria  and  in 
destination  countries.  In  contrast,  OCGs  engaged  in  internal  trafficking  for  sexual 
exploitation  tend to  have hierarchical  structures,  with  more clear-cut  functions of those 

45 

 
 
involved.  Member  States  and  civil  society  have  reported  an  upsurge  in  organised 
Nigerian criminal networks, some noting that they are increasingly structured and highly 
hierarchical.  

Eurojust reported92 a case helping “national authorities from Slovakia, the UK, Germany 
and the Netherlands to  bring down a Slovak organised crime group (OCG) involved in 
cross-border  trafficking  in  human  beings  for  labour  exploitation  and  large-scale  money 
laundering. The OCG maintained a hierarchical structure with strict distribution of tasks 
for the individual members, and systematically and meticulously planned and performed 
activities. The Slovak victims, who were mostly underprivileged people, were recruited 
in  Slovakia  and  taken  to  the  UK  for  forced  labour.  They  were  permanently  employed, 
with  bogus  work  contracts,  in  Chinese  restaurants  and  car  wash  facilities  under  harsh 
working  conditions:  12  to  14  hours  per  day,  6  days  per  week.  The  victims  allegedly 
received  a  salary  of  at  least  £400  per  week.  The  criminals  appropriated  most  of  that 
amount, arbitrarily claiming reimbursement for transport, accommodation and food that 
were  provided  to  the  victims  under  dubious  financial  arrangements.  The  victims  thus 
ended  up  receiving  only  a  tiny  fraction  of  their  actual  salary:  approximately  £20  per 
week. The members of the OCG subsequently transferred that illegally obtained income 
to Slovakia to disguise its origin.” 

Few  reported  that  there  was  little  evidence  of  organised  criminal  groups  or  the 
coexistence  of  criminal  associations  without  clear  organisational  structures  and 
subordination  relationships  and  offenders  acting  independently.  A  number  of  reports 
indicate  the  existence  of  ‘micro  networks’  operating  mainly  in  the  field  of  sexual 
exploitation  where  pimping  is  carried  out  in  small  groups  of  up  to  five  people  or 
individually. Romania reports that the members of such groups tend to act on their own, 
but  maintain  their  criminal  groups  and  associations  to  ensure  protection  against  other 
offenders.  Traffickers  are  sometimes  grouped  using  family  or  ethnicity  criteria,  so  that 
each stage of trafficking can be managed by any of them, and the profits obtained remain 
concentrated  in  the  possession  of  a  small  group  of  individuals.  They  easily  reposition 
themselves under the pressure of the authorities and act simultaneously in several states. 

Member States highlight the presence of Nigerian networks, mainly in the field of sexual 
exploitation, and other networks, such as, Romanian, Bulgarian, Slovakian, Chinese, and 
Pakistani. 

4.2. POLY-CRIMINALITY, LINKS WITH OTHER CRIMES 

Similarly,  to  previous  Commission  progress  reports,  Member  States  and  EU  Agencies 
note  that  trafficking  in  human  beings  is  linked  to  other  crimes  and  acknowledge  that 
OCGs  involved  in  trafficking  in  human  beings  are  often  poly-criminal.  Trafficking 
networks are generally also involved in, or linked to, other forms of criminality, such as 
migrant  smuggling,  drugs  trafficking,  and  smuggling  of  goods,  extortion,  money 
laundering, document fraud, payment card fraud, property crimes, cybercrime and 
other.  

92   http://www.eurojust.europa.eu/press/PressReleases/Pages/2019/2019-09-06.aspx  

46 

 
 
                                                      
European Migration Smuggling Centre (Europol)93: 

Nigerian  networks  achieved  significant  influence  in  EU  organised  crime  by  regular 
cooperation with local criminal groups. Besides trafficking in human beings, Nigerian 
networks  are  known  to  be  active  in  other  criminal  businesses  linked  to  trafficking  in 
human  beings,  such  as  fraud,  corruption,  migrant  smuggling,  counterfeiting  of 
documents and money laundering. They are also involved in trafficking and distribution 
of various types of drugs and currency counterfeiting. 

Member States reported on links to other crimes, such as usury, smuggling, pimping and 
profiting  from  a  person’s  prostitution,  crimes  related  to  ownership,  property  rights  and 
property interests, money  laundering or illegal  money transfers and movements, crimes 
against  health,  possession  of  arms  and  ammunition,  rape,  and  embezzlement  and  other 
types of financial crimes. 

In  a  context  of  evolving  modi  operandi  of  traffickers,  the  links  between  multiple 
crimes need to be tackled. Organised crime and money laundering are the crimes most 
linked to trafficking in human beings in cases registered at Eurojust since 2014, followed 
by  crimes  against  life  and  personal  freedom,  migrant  smuggling,  drug  trafficking, 
document  fraud,  cybercrime,  swindling  and  fraud,  organised  property  crime,  terrorism, 
racketeering  and  extortion,  crime  against  the  financial  interest  of  the  Union  and  illegal 
trading.  Member  States  report  a  number  of  new  cases  of  exploitation  of  victims  for 
multiple  purposes,  such  as  labour  exploitation  or  forced  criminality  and  sexual 
exploitation. For instance, organised groups investigated for trafficking of women for the 
purpose  of  sexual  exploitation  is  also  suspected  of  involvement  in  money  laundering, 
document fraud, trafficking for forced criminality, drug sale and supply. Member States 
report  participation  in  Joint  Investigation  Teams  for  trafficking  offences  with  link  to 
other crime, such as drug sales.  

The  Council  Conclusions  on  combating  the  sexual  abuse  of  children  reiterated  that  the 
fight against sexual abuse and the sexual exploitation of children is often also a fight 
against organised crime and trafficking in human beings94. The EU Strategy for a more 
effective  fight  against  child  sexual  abuse,  adopted  in  2020,  further  highlighted  that 
prevention  efforts  need  to  take  into  account  the  specific  situation  of  various  groups  of 
children, including child victims of trafficking95. 

Some criminal  networks appear to  be  combining  the facilitation of illegal  immigration, 
trafficking  in  human  beings,  document  fraud  and  money  laundering  in  their  criminal 
activities.  According  to  Europol,  20%  of  the  criminal  groups  involved  in  migrant 
smuggling,  are  also  involved  in  the  trafficking  of  human  beings  for  sexual  or  labour 
exploitation. In some cases, drug trafficking, migrant smuggling and trafficking in human 

93   EMSC, 4th Annual Activity report -2019 (Europol, 2020). 

94   12862/19. 

95    EU strategy for a more effective fight against child sexual abuse (COM(2020) 607 final). 

47 

 
 
                                                      
beings are carried out by the same OCGs, as observed in area of the Western Balkans96, 
nevertheless  such  links  may  appear  quite  limited,  according  to  the  EMCDDA.  An 
overlap in criminal activities in connection to migrant smuggling and drug trafficking, in 
particular  cannabis,  has  been  identified  in  investigations  on  the  Western  Mediterranean 
Route97. 

In Sweden, criminal gangs have been recruiting unaccompanied asylum-seeking children 
and children whose asylum applications have been rejected, to sell drugs. Criminal gangs 
usually force them to join by using threats and violence. Many such children involved in 
drug dealing live on the streets, which makes them even more vulnerable and exposed to 
recruitment  for  trafficking.  Europol  has  supported  operational  actions,  of  the  national 
police  of  France  and  Spain    ,  for  the  dismantling  of  a  large  poly-criminal  network 
involved in migrant smuggling, trafficking of human beings and drug trafficking98. 

Multiple links between drugs and trafficking in human beings have been identified99, 
such  as  victims  being  coerced  in  drug  production  and  trafficking,  forced  to  work  in 
cannabis cultivation sites or to carry drugs across borders. The use of labour exploitation 
at cannabis cultivation sites is a well-known phenomenon and remains an issue in some 
Member States, as reported by the EMCDDA. The victims are often held in debt bondage 
and forced to pay off debts of thousands of euros incurred for facilitation services in the 
context  of  irregular  migration,  although  EU  nationals  are  also  exploited  at  cannabis 
cultivation  sites  with  little  or  no  pay.  The  EMCDDA  highlights  the  case  of 
transcontinental ties between drug-related organised crime groups, such as the Black Axe 
group, with the transport of Nigerians to Europe for exploitation, as well as Vietnamese, 
Chinese  and  Albanian  OCGs  exploiting  irregular  migrants  by  forcing  them  to  work  at 
indoor cannabis cultivation sites in various Member States. 

OCGs  exploit  both  EU  and  non-EU  nationals  and  mostly  female  victims,  as  drug 
couriers  on  commercial  flights,  buses  or  trains  travelling  both  to  and  within  the  EU. 
Victims originating from West Africa, particularly Nigerian nationals, and North Africa 
are most frequently encountered. The ‘county lines’ model of drug supply, increasingly 
popular  in  the  UK,  makes  extensive  use  of  the  exploitation  of  vulnerable  people,  for 
example children in the care of social services or excluded from school, and adults. This 
exploitative  business  model  allows  criminal  groups  to  expand  to  new  areas  at  low  cost 
and  minimal  risk,  as  they  do  not  have  to  pay  the  vulnerable  individuals  whom  they 
exploit, who are also  the most exposed to the risk of arrest.  Many Member States (e.g. 
Austria, Bulgaria, France, Hungary, Italy, Latvia, Lithuania, the Netherlands, Poland and 
Slovakia) reported that traffickers increasingly target vulnerable people with physical or 
mental disabilities, and people with substance use disorders. 

96   EMSC, 4th Annual Activity report -2019 (Europol, 2020). 

97 

Ibid. 

98   EMSC 4th annual activity report, Europol 2020. 

99   European Monitoring  Centre  for Drugs and Drug  Addiction and Europol (2019), EU Drug Markets 

Report 2019. 

48 

 
 
                                                      
In  addition,  victims  of  human  trafficking  may  be  forced  to  use  drugs  as  a  means  of 
coercion and control and in order to ensure their obedience. Illicit drugs are also used to 
recruit victims for sexual exploitation.  

In response to this issue, the EU action plan on drugs 2017-2020 called for the gathering 
of  evidence  on  the  potential  connection  between  drug  trafficking  and  trafficking  in 
human beings. The EU Drugs Agenda and Action Plan 2021-2025 sets forth an action to 
reinforce  analysis  and  information  sharing  on  the  relationship  between  drug  markets 
related  criminality  and  other  forms  of  serious  crime,  including  trafficking  in  human 
beings100. 

As  reported  by  Europol,  benefit  fraud  involving  the  targeting  of  social  and  labour 
benefit  schemes  has  strong  links  to  trafficking  in  human  beings  and  migrant 
smuggling101. 

In  a  case  of  trafficking  for  the  purpose  of  social  benefit  fraud,  an  OCG  recruited  and 
trafficked more than 50 Romanian families to Germany with the promise of employment. 
The  OCG  compelled  the  families  to  sign  bogus  employment  documents,  to  open  bank 
accounts and apply for social benefits, including child allowances. The OCG confiscated 
the  money  received,  estimated  in  the  millions  of  euro,  laundered  it,  and  sent  it  to 
Romania by car or wire transfer102.   

A Joint Investigation Team was established between Romania and Germany to combine 
the parallel investigations. Europol and Eurojust assisted the investigations with analysis 
of  suspects,  telephone  numbers  and  bank  data  and  coordination  meetings  and  financial 
support  to  the  JIT.  The  joint  action  day  resulted  in  arrests,  including  execution  of  four 
German  European  Arrest  Warrants,  27  searches,  hearings  and  freezing  orders.  The 
operation led to the dismantling of the social benefit fraud network. 

4.3. THE USE OF INFORMATION AND COMMUNICATION TECHNOLOGIES 

Traffickers are becoming more skilled in misusing technologies and the internet to 
expand their criminal activities and exploit victims online. Technology creates new 
opportunities for traffickers, including the enabling the exploitation of new types of 
“services”  such  as  live  streaming  of  sexual  exploitation  to  a  global  audience,  the 
increasing access of traffickers to a larger market and the lowering of the risks for 
traffickers  of  being  caught  by  law  enforcement  and  prosecuted103.  Member  States 
and civil society acknowledge that traffickers’ modus operandi have changed due to the 
rapid development of the Internet and the deployment of new means of in many stages of 

100   COM(2020) 606. 

101   Enterprising  Criminals  –  Europe’s  Fight  against  the  Global  Networks  of  Financial  and  Economic 

Crime, Europol 2020. 

102   http://www.eurojust.europa.eu/press/PressReleases/Pages/2018/2018-07-04.aspx  

103   OSCE  Office  of  the  Special  Representative  and  Co-ordinator  for  Combating  Trafficking  in  Human 
Beings and Tech Against Trafficking, Leveraging innovation to fight trafficking in human beings: A 
comprehensive analysis of technology tools (Vienna, May 2020). 

49 

 
 
                                                      
is  being  used  also  for 

the  trafficking  chain.  A  growing  number  of  Member  States  report  that  the  internet  and 
related  social  media  have  been  used  as  one  of  the  most  predominant  forms  of 
recruitment of victims, children being at specific risk. Information and communication 
technology 
the  organisation  of  the  transport  and 
accommodation  of  victims  (online  purchase  of  tickets  and  booking  and  rental  of 
accommodation),  the  advertisement  of  services  of  victims,  communication  between 
perpetrators and with victims (including social messaging applications, online chats) and 
to control victims through monitoring (e.g. online video surveillance and mobile phone 
location  services)  and  threats  of  publishing  nude  images  online  as  well  as  for  the 
transfer of criminal  proceeds  by virtual  payment  methods.  Europol  reports that the 
internet  is  increasingly  being  used  for  the  recruitment  of  new  victims,  mainly 
through  social  media  and  websites  offering  job  opportunities  abroad.  Civil  society 
notes an increase in trafficking for sexual exploitation online, including through internet 
websites  and  escort  services,  which  is  paired  with  a  decrease  of  street  prostitution  and 
brothels  and  indicate  a  growing  risk  posed  by  the  internet  for  sexual  exploitation  of 
victims, including of children. Civil society organisations identify a shift of the supply 
and demand side of trafficking in human beings from the offline sphere to the less 
visible online sphere, thus presenting significant challenges to law enforcement, health 
care and policy makers to address the crime appropriately.  

Technology  can  play  an  important  role  also  in  preventing  and  disrupting  trafficking  in 
the  need  for  further  development  and 
human  beings.  Civil  society  highlight 
implementation  of  technological  measures  to  address  the  crime.  In  2018,  a  coalition  of 
technology companies, Tech Against Trafficking (TAT), was established to support the 
anti-trafficking  action,  by  identifying  opportunities  to  develop  and  scale  promising 
technologies.  In  2020,  the  TAT,  in  cooperation  with  the  Organisation  for  Security  and 
Co-operation  in  Europe  (OSCE),  carried  out  a  comprehensive  analysis  of  technology 
tools  and  initiatives  developed  to  combat  trafficking  in  human  beings104.  The  study 
identified over 300 tech tools and found that nearly half of those are aimed at countering 
trafficking for labour exploitation (46%), and close to one-third (29%) – trafficking for 
sexual  exploitation.  The  study  further  highlighted  the  need  to  increase  resources  and 
training for practitioners, policymakers, NGOs and academia to understand the numerous 
ways in which technology is being used by traffickers and to support more effective use 
of technology-based solutions. 

More attention is  needed to  explore and leverage the use of new technology to  prevent 
and disrupt trafficking in human beings and protect the victims. 

Operation  Webmaster  targeted  a  Finnish  organised  criminal  group  involved  in 
human  trafficking  for  sexual  exploitation  and  money  laundering105.  With  support 
from  Europol  and  Eurojust,  the  Spanish  National  Police  joined  forces  with  national 
authorities from  14 other countries (9 EU and 5 non-EU) to  bring down  the trafficking 

104   Ibid. 

105   https://www.europol.europa.eu/newsroom/news/parallel-investigations-bring-down-sexual-

exploitation-network-and-freeze-criminal-profits-in-12-counties  

50 

 
 
                                                      
ring. A Joint Investigation Team was set up between Finland, Spain and Sweden to speed 
up  the  investigations.  Europol  has  supported  the  joint  investigation  by  organising 
coordination and operational meetings and providing analytical support by deploying at 
the  action  day  experts  in  fighting  trafficking  in  human  beings,  cybercrime  and  asset 
recovery  to  three  of  the  countries  involved  in  the  operational  activities  to  crosscheck 
operational  information  in  real  time  against  Europol’s  databases.  Europol  activated 
advanced communication technology to enable real time contact between the operational 
team  operating  in  different  Member  States  and  supported  the  seizure  of  the  online 
domains, collaborating with US hosting service providers. 

The joint operation led to six arrests, 16 website shutdowns and multiple seizures of cash 
and luxury goods. Following the action day, the suspects’ bank accounts in 12 different 
countries  were  frozen  simultaneously.  The  seizures  included  luxury  cars,  jewellery, 
approximately  EUR  30  000  in  cash,  digital  evidence  and  documentation  related  to  the 
money  laundering  investigation,  and  real  estate  in  Finland.  Company  shares  and  bank 
accounts with EUR 1.5 million were frozen. 

5.  PREVENTING TRAFFICKING IN HUMAN BEINGS BY COUNTERING 

THE CULTURE OF IMPUNITY 

Preventing  the  trafficking  crime  from  happening  has  been  at  the  core  of  EU  policy 
priorities  and  an  overarching  priority  of  the  2017  Commission  Communication106.  The 
Anti-trafficking  Directive  lays  down  concrete  requirements  in  that  respect  for  Member 
States  bound  by  the  Directive.  Prevention  includes  actions  on  raising  awareness, 
education  and  training  and  also  to  reduce  risks  associated  with  victims’  vulnerabilities 
and  the  factors  that  foster  them.  The  Second  Progress  Report  pointed  out  that 
vulnerabilities  alone  do  not  result  in  trafficking.  Trafficking  is  driven  by  huge 
profits  it  renders  to  organised  crime  groups  (OGCs).  Since  trafficking  in  human 
beings is a crime driven by profit, reducing demand in an effective way requires actions 
to deprive traffickers from their financial gain and to ensure that crime does not pay. 

The culture of impunity prevails when those involved in the criminal business model 
and  the  trafficking  chain  do  not  risk  facing  consequences  for  their  criminal  act. 
Arrests,  prosecutions,  convictions,  and  holding  perpetrators  accountable  increase 
deterrence,  which  constitutes  an  element  of  prevention.  This  does  not  only  include  the 
traffickers, but also their accomplices and those who knowingly benefit from the services 
provided  by  the  victims.  Traffickers’  modus  operandi  is  constantly  evolving.  Many 
organised  crime  groups  active  in  trafficking  in  human  beings  are  also  poly-criminal, 
involved  in  more  than  one  crime  area.  Seizing  and  confiscating  criminal  proceeds  and 
profits  and  ‘following  the  money’,  also  via  financial  investigations  and  joint 
investigations, remains key to target the criminal business model. Countering the culture 
of  impunity  and  increasing  accountability  requires  intensifying  the  number  of 
investigations, prosecutions and convictions, not only against traffickers, but also against 
those who profit from the crime and exploit the victims.  

106   COM(2017)728final. 

51 

 
 
                                                      
The number of reported prosecutions on trafficking in human beings in the EU is higher 
in 2017-2018 than in the previous reporting period 2015 and 2016, whereas the number 
of  reported  convictions  in  the  current  reporting  period  is  lower.  While  it  may  not  be 
advisable to draw conclusions on a trend in such a short period of time, the high number 
of  registered  victims  within  the  EU  (26  268)  calls  for  a  strong  criminal  justice 
response  towards  the  eradication  of  impunity  of  the  perpetrators  and  making 
trafficking in human beings a ‘high-risk low-profit’ crime. In its 2018 Trafficking in 
Person report, the  UN Office on Drugs and Crime (UNODC)  points  out  that ‘impunity 
serves as an incentive for traffickers to step up their activities’107. 

5.1. ENCOURAGING THE CRIMINALISATION OF THE USE OF SERVICES PROVIDED BY 

THE VICTIMS 

As a key action of the 2017 Communication, the European Commission have encouraged 
those Member States who have not yet done so to criminalise the use of services exacted 
from victims of trafficking in human beings. As an example, the European Commission 
organised, on 7 May 2019, together with the Romanian Presidency, an experts meeting 
on  the  exchange  of  practices  related  to  criminalising  the  use  of  services  provided  by 
victims  of  trafficking,  in  line  with  Article  18  (4)  of  the  Anti-trafficking  Directive. 
Further,  the  meeting  of  the  EU  network  of  National  rapporteurs  and  equivalent 
mechanisms  on  14  May  2019  discussed  the  topic  “Encouraging  the  criminalisation  of 
users of services exacted form victims of trafficking in human beings”. 

The first and second progress reports of the European Commission took note on progress 
made  in  the  Member  States,  including  legislative  developments,  awareness  raising 
actions and training. The first progress report noted that ‘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’.  

Some  Member  States  have  implemented  in  their  national  laws  the  criminal  law 
provisions to penalise the use of services exacted from victims of trafficking in diverse 
ways, whilst other Member States did not take measures in that respect108.  Findings of 
the  2016  ‘Users  report’  of  the  Commission  showed  that,  in  the  EU,  there  is  a  “rather 
diverse  legal  landscape  which  fails  to  effectively  contribute  to  discouraging  demand  of 

107   UNODC, Global Trafficking in Persons Report, 2018. 

108   For an overview, see Commission Report 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); and Staff Working Document to the Second Progress 
report of the European Commission (SWD(2018) 473 final). 

52 

 
 
                                                      
such  services.”109.  The  legal  landscape  in  the  EU  on  this  matter  continues  to  be  very 
diverse. At national level, legislative measures taken under Article 18(4) of the Anti-
trafficking Directive follow different approaches to prevent the crime from happening 
and  to  reduce  illegal  demand  for  the  services  or  use  or  exploitation  of  victims  of 
trafficking  in  human  beings.  National  measures  differ  in  their  scope,  aims  and  specific 
requirements.  

Some Member States recalled their existing national legislation in this context: The 
use  of  services  of  trafficking  victims  is  criminalised  in  the  Penal  Code  of  Portugal 
(Article  160º,  §8),  as  long  as  employers/customers  are  aware  of  the  fact  that  the 
workers/prostitutes  are  victims  of  trafficking  in  human  beings.  The  Croatian  Criminal 
Code penalises in Article 106, Paragraph 4, the person who uses the services of a victim 
of  trafficking  by  imprisonment  from  one  to  ten  years.  The  consent  of  a  victim  of 
trafficking in human beings to the exploitation is irrelevant. According to the Slovenian 
criminal law (Article 113 paragraph 4), a person who knows that a person is the victim of 
trafficking  in  human  beings,  but  still  uses  their  services,  shall  be  punished  by 
imprisonment  of  up  to  three  years  and  by  a  fine.  Bulgaria  noted  Article  159c  of  the 
Criminal  Code,  which  reads  as  follow:  “A  person  who  takes  advantage  of  a  victim  of 
trafficking for the purpose of fornication, forced labour or begging, removal of an organ, 
tissue,  cell  or  body  fluid  or  holds  him/her  in  servitude  irrespective  of  his/her  consent, 
shall  be  punished  by  imprisonment  for  a  period  of  three  to  ten  years  and  a  fine  of 
BGN 10,000  to  BGN 20,000”.  In  Lithuania,  the  Criminal  Code  was  amended  in  2011 
(Articles  1422  and  1472)  on  the  ‘Use  of  Forced  Labour  or  Services’,  establishing 
‘criminal  liability  for  persons  who  make  use  of  human  labour  or  services  including 
prostitution and who know or ought to know that the individual concerned is doing such 
work  or  is  providing  such  services  because  physical  violence,  threats,  fraud  or  other 
methods of breaking an individual’s will stated in Article 147 of the Labour Code have 
been  used  with  respect  to  him/her  for  exploitation  purposes’.  The  provision  foresees 
punishment  by  a  fine  or  by  restriction  of  liberty  or  by  arrest  or  by  imprisonment  for  a 
term of up to three years. The person who committed a criminal act provided for in this 
Article  may  not  be  liable  for  it,  provided  that  he/she  voluntarily  informed  the  law 
enforcement institution thereof and cooperated actively in identifying a person who fell 
victim to a criminal offence of trafficking in human beings or purchase or sale of a child. 
A legal entity shall in any case be liable for the activity. Between 2017 and 2019, three 
persons were convicted in the first instance courts of Lithuania under this provision. 

France  recalled  its  Law  of  13  April  2016  introducing  into  the  criminal  code  for  the 
offence  of  the  purchase  of  a  sexual  act,  which  became  punishable  by  a  fine  of  EUR  3 
750. The aim of the measure is to reduce demand and to prevent prostitution, trafficking 
in  human  beings  and  procuring  and  thus  containing  the  lucrative  market  for  sexual 
exploitation and thereby making its territory less attractive for pimps. 

Finland recalled having criminalised the abuse of a person of sex trade (Criminal Code, 
Section 20:8). The number of investigations, however, was reported to be low, meaning 
in  2017:  7;  2018:  7;  and  2019:  9.  The  number  of  investigations  is  dependent  on  the 

109  

 COM(2016) 719 final. 

53 

 
 
                                                      
resources  of  the  pre-trial  investigation  authorities  to  disclose  human  trafficking  and 
pandering offences. The aim of the Government is to establish a new unit to disclose and 
investigate  trafficking  offences,  which  can  have  an  impact  also  on  the  number  of 
investigations of the offence or the abuse of a person for sex trade. It was recalled that 
the use of other services (labour trafficking) has not been criminalised in Finland, and it 
is currently not under discussion. 

The legislation in Malta (Criminal Code, Cap.9) provides for the criminalisation of the 
use  of  services  of  victims  of  trafficking  in  human  beings  and  it  was  recalled  that 
stakeholders,  including  the  business  community,  were  made  aware  of  this  provision  in 
the national legislation.  

In  the  area  of  forced  prostitution,  Germany  has  created  a  criminal  offence  in 
Section 232a(6) of the German Criminal Code (StGB), under which ‘clients’ of sexual 
services can be prosecuted if they exploit a victim’s predicament to engage in sexual 
acts. Such acts are punishable by custodial sentences of between three months and five 
years. 

Data  provided  on  suspects,  prosecutions  and  convictions  in  such  criminal  cases 
show different criminal justice responses to apply the national provision(s). In 2017-
2018  in  EU-28,  a  total  of  170  suspects,  162  prosecutions  and  133  convictions  were 
reported  under  the  respective  national  provisions,  which  Member  States  considers  the 
relevant national provisions for criminalising the knowing use of services exacted from 
trafficked  victims.  Eleven  Member  States  reported  statistics  on  suspects.  The  five 
Member States reporting the highest number of suspects in 2017-2018 are Lithuania (62), 
Cyprus  (40),  Czechia(39),  Malta  (16)  and  Denmark  (6).  Eight  (8)  Member  States 
reported numbers on prosecutions. The five Member States reporting the highest number 
of prosecutions  in  2017-2018 are  Lithuania (69), Cyprus  (40), Estonia  (21), Malta (16) 
and Bulgaria (13). Fourteen (14) Member States reported numbers on  convictions. The 
five  Member  States  reporting  the  highest  number  of  convictions  in  2017-2018  are 
Lithuania (85), Hungary (21), Estonia (18), Cyprus (4) and Denmark (3). 

Member States were requested for the first time during this data collection to report on 
the sex and  age of suspects,  prosecuted  and  convicted individuals for using services of 
victims of trafficking in human beings under the applicable national criminal provision. 
In EU28 in 2017 -2018, 124 men, 41 women, 1 girl and 4 boys were suspected for this 
offence,  113 men, 36 women, 26 unknown  were prosecuted for this offence  and 103 
men, 24 women, 1 boy and 5 girls were convicted for this offence.  

Some  additional  data  were  included  in  the  national  contributions,  complementing  the 
statistical reporting110. For example, In Greece, during the reporting period, two persons 
were prosecuted for knowingly using sexual services of a trafficking victim111. The new 
Penal Code provides for stricter punishment - at least three (3) years in prison and a fine - 
for  those  who  knowingly  receive  the  services  of  trafficking  victims,  employ  them, 
perform sexual acts with the victim and receive revenue generated by the exploitation of 

110  

.These are not included in the study ‘Data collection on trafficking in human beings in the EU (2020) 

111   These data were not available at the time completing Eurostat questionnaire. 

54 

 
 
                                                      
victims. The Prosecutor of the Supreme Court brought this provision into the attention of 
all  prosecutors  in  Greece,  by  a  Circular  dated  October  2019,  so  that  they  consider 
providing  general  directions  to  the  police  investigating  officers  in  their  area  of 
jurisdiction. Romania noted that since the 2014 criminal provision incriminating the use 
of the services of a victim of human trafficking, during the  years 2018-2019 at least in 
five  such  criminal  cases  prosecutions  have  started.  Since  the  amendment  of  the  Law 
60(I)/2014 in Cyprus in 2019, three (3) persons were charged for the offence of the use 
of services provided by victims of trafficking in human beings.  

The analysis of national  provisions,  contributions and statistical data provided for 
the Third progress report points to the necessity to examine the consistency of data 
recording and reporting under the national provisions for the criminalisation of  the 
use of services of victims. 

Few Member States reported on adopting new laws or amending existing legislation 
with respect to prevention initiatives, reducing demand or criminalising the services 
exacted  from  victims.  Through  amendments  to  Article  133¹  of  the  Penal  Code 
(“facilitating  human  trafficking”),  adopted  on  26  June  2017,  the  Estonian  Parliament 
criminalised the purchase of sex from a victim of trafficking, with the knowledge that the 
person  is  a  victim.  Ireland  reported  on  the  2017  Criminal  Law  (Sexual  Offences)  Act 
that  enhances  and  updates  laws  to  combat  the  sexual  exploitation  and  sexual  abuse  of 
children,  including  new  offences  relating  to  child  sexual  grooming  and  new  and 
strengthened offences to tackle child pornography. The Act, among other provisions, also 
criminalises  the  purchase  of  sexual  services.  Part  4  of  the  Act  provides  for  two  new 
offences of paying for sexual activity with a prostitute and paying for sexual activity with 
a trafficked person. These measures and others introduced by Part 4 of the 2017 Act are 
part  of  the  Government  efforts  to  target  the  demand  for  prostitution  and  are  reinforced 
through  awareness-raising  efforts  and  well-publicised  Garda  operations.  In  2019  the 
Department of Justice and Equality funded an NGO, who work with women affected by 
prostitution and other forms of commercial sexual exploitation including victims of sex 
trafficking and those who have a past experience of prostitution/sex trafficking, to carry 
out an awareness raising campaign into the criminalisation of the purchase of sex.  This 
national  awareness  raising  campaign  aims 
to  enhance  public  awareness  and 
understanding of the exploitation inherent in the sex trade and the vulnerabilities of those 
exploited  within  it,  whilst  specifically  highlighting  the  fact  that  it  is  now  a  crime  to 
purchase sex in Ireland.  

Cyprus  amended  its  law  on  27  July  2019,  Law  117(I)/2019  amending  the  Anti-
trafficking law [60(I)/2014]. The new Article 17A criminalises anyone who demands or 
receives  or  uses  work  or  any  services  of  a  victim  that  are  the  subject  of  sexual 
exploitation, establishes liability to imprisonment not exceeding ten (10) years or a fine 
not  exceeding  fifty  thousand  euro  (€50,000)  or  both;  and  more  severe  sanctions  if  the 
victim  is  a  child.  The  term  “demand”  is  also  introduced  in  the  law  (Article  2), 
stipulating  that  it  includes  a)  the  client,  who  requests  and  buys  services  of  human 
trafficking; b)the trafficker, who recruits, pushes into prostitution or exploits in any way 
the victims; c ) the employer, who hires the services obliged to provide the victims; d) the 
owner of the club or other place of leisure where victims are exposed, and e) any other 

55 

 
 
person  who  is  involved  in  any  way  in  the  trafficking  chain.  In  addition,  the  fact  that  a 
person (the user/client) may claim that he was not aware that the person from whom he 
received  the  service  was  a  victim  does  not  constitute  a  defence.  It  is  expected  that  the 
amendment of the abovementioned law will result in the reduction of human trafficking 
cases,  especially  for  sexual  exploitation,  where  there  has  been  a  significant  increase  in 
the imposed penalties.   

Sweden introduced new legislation on rape applicable to trafficking in human beings that 
came into force on July 1, 2018. The law is based on consent/voluntary participation in a 
sexual  act,  set  out  in  chapter  6  of  the  Swedish  Penal  Code.  The  amendment  to  the 
legislation also includes a new offence – “grossly negligent rape” (“oaktsam våldtäkt”), 
which applies to certain serious sexual crimes. A perpetrator, who carries out a sexual act 
against  a  person,  who  does  not  participate  voluntarily  due  to  violence,  threats  or 
coercion,  or  who,  for  some  reason,  is  in  a  particularly  vulnerable  situation,  can  be 
convicted  of  rape,  sexual  assault  and  for  grossly  negligent  forms  of  this  crime,  if  the 
perpetrator  had  knowledge  or  intent,  or  was  grossly  negligent  as  to  whether  the 
complainant  participated  in  intercourse  or  in  any  other  sexual  act  equivalent  in 
seriousness to intercourse voluntarily. This extended criminal liability can also be applied 
to human trafficking for the purpose of prostitution. A person can never be considered to 
have participated voluntarily if the perpetrator improperly exploits a person who is in a 
particularly vulnerable position or circumstance. This means that an explicit or implicit 
decision  to  take  part  in  a  sexual  act  is  voluntary  only  if  the  person  is  capable  of 
expressing  own  will.  Being  in  a  particularly  vulnerable  situation  voids  fully  the 
possibility of voluntary participation. A user of prostitution can be sentenced for any of 
the  above-mentioned  offences, 
instead  of  or, 
importantly, in addition to the purchase of a sexual service. 

including  grossly  negligent  rape 

In  Luxembourg  the  Law  of  28th  February  2018  reinforcing  the  fight  against  the 
exploitation  of  prostitution,  pimping  and  trafficking  in  human  beings  for  sexual 
exploitation sets up a “Committee on Prostitution” that monitors, among other things, the 
implementation of the National Action Plan on “Prostitution”, adopted in June 2016. The 
law also foresees the cooperation of this Committee with the Committee responsible for 
monitoring  of  trafficking  in  human  beings.  Victims  of  sexual  exploitation/prostitution, 
pimping  or  trafficking  are  not  held  responsible  for  soliciting.  The  clients  who  have 
knowingly  used  the  services  of  a  minor,  a  particularly  vulnerable  person  or  victim  of 
sexual  exploitation,  pimping  or  trafficking  in  human  beings  will  be  prosecuted  (they 
might  avoid  prosecution  by  testifying  against  the  offenders  and  revealing  useful 
information  to  the  police).  So  far,  no  client  has  been  prosecuted  for  having  used  the 
service  of  an  exploited  person  knowingly.  However,  Luxembourg  highlighted  the 
positive  impact  of  such  criminalisation  on  the  client’s  behaviour,  as  clients  collaborate 
more actively with the police, as they realise the severity of the possible sanctions. 

The  Netherlands  reported  on  a  private  member’s  bill  to  prevent  victims  from  falling 
prey to sexual exploitation , which concerns ‘Penalising the abuse of prostitutes who are 
victims of human trafficking’ (Strafbaarstelling misbruik prostituees die slachtoffer zijn 
van mensenhandel) This bill was reported to reflect the government policy objectives that 

56 

 
 
are  aimed  at  both  preventing  and  combating  human  trafficking  within  the  prostitution 
industry. The private member's bill is subject to further debate.  

Some Member States reported on considerations to criminalise the use of services of 
victims of trafficking in addition to the existing criminal law framework. In Latvia, 
in  addition  to  the  existing  provisions  as  to  Section  164  “Involvement  of  a  Person  in 
Prostitution and use of Prostitution Services” of the Criminal Law; to the new Paragraph 
(3¹) providing for criminal liability for use of prostitution of a minor person; and Section 
280  on  “Violation  of  Provisions  Regarding  Employment  of  Persons”  of  the  Criminal 
Law. In May 2019, the Ministry of Justice started inter-sectoral discussion to introduce a 
new legal regulation in the Criminal Law to criminalise the use of services of victims of 
trafficking in human beings. So far, the focus is put on collecting experience, practise and 
legal  regulation  of other European Union Member States, analyse acquired information 
and  draft  nation  legal  regulation.  In  Hungary,  there  were  several  initiatives  pending 
adoption to improve the legal framework of combatting human trafficking. As reported, 
consideration are ongoing for the criminalisation of the knowingly use of the services or 
other  activities  of  victims  of  human  trafficking.  In  Spain,  the  draft  of  the  “Strategic 
Plan  against  trafficking  in  and  exploitation  of  human  beings”  includes  among  its 
action  “addressing  the  demand  of  the  services  of  the  victims  of  trafficking  in  human 
beings  and  exploitation”.  This  action  line  includes  the  following  measure:  “promoting 
legal amendments necessary to end the demand of services of the victims of trafficking in 
human  beings  and  exploitation,  according  to  Article  18(4)  of  the  Anti-Trafficking 
Directive. 

The Netherlands reported on law enforcement efforts against the use of services of 
victims. For example, in cases of a criminal investigation into the sexual exploitation of a 
minor,  efforts  are  made  to  track  down  and  prosecute  the  customer,  in  particular  by 
investigating and prosecuting the customer under Article 248b of the Dutch Penal Code. 
The  provision  reads  as  follow:  “Any  person  who  sexually  abuses  a  person  who  makes 
himself available for the performance of sexual acts with a third party for remuneration 
and who has reached the age of sixteen years but is under the age of eighteen years, shall 
be  liable  to  a  term  of  imprisonment  not  exceeding  four  years  or  a  fine  of  the  fourth 
category.”  An  example  of  a  court  case  from  the  Hague  Court  of  Appeal  of  4  October 
2018 is the Schiedam sex business case where a sixteen-year old has been exploited for 
prostitution  by  a  lover  boy.  In  this  case,  the  Court  sentenced  three  individuals  under 
article 248b of the Dutch Penal Code, and considered that it is the own responsibility of 
the  user  to  determine  that  a  prostitute  is  a  minor,  especially  when  –  as  was  the  case  – 
there are special situational circumstances raising alarm.  

Austria  reported  that  while  there  is  no  provision  in  its  national  criminal  law 
explicitly  penalising the  use of services provided by victims  trafficked for exploitation, 
certain  criminal  provisions  could  possibly  be  invoked  under  certain  type  of  specific 
situations using victims’ works and services. 

Other  means,  such  as  dialogue  between  stakeholders  for  better  action  were  also 
invoked by Member States to address the issue. For example, the Dutch government 
entered  into  dialogue  with  the  police,  Public  Prosecution  Service,  National  Rapporteur 
and NGOs in order to identify the bottlenecks and opportunities related to discouraging 

57 

 
 
and  prosecuting  clients  who  buy  sex  from  minors  and  to  come  up  with  a  package  of 
measures  to  discourage  clients  from  buying  sex  from  minors.  Targeted  measures  are 
being  developed  in  the  Netherlands  to  tackle,  discourage  and  possibly  lead  clients 
towards legal prostitution. Clients of under-age victims are currently being investigated. 
A  broad  mix  of  policy  measures,  targeting  the  demand  side  of  sexual  exploitation  and 
with an emphasis on clients exploiting minors, are planned to be launched. Greece noted 
that  raising  general  awareness  to  sensitize  society  and  to  reduce  ‘demand’  for 
services  or  products  extracted  from  trafficking  victims  is  key  to  the  Greek  national 
policy against trafficking in human beings. This concerns primarily synergies with civil 
society  actors  and  the  cultural  sector,  partnerships  with  the  private  sector  and  local 
government for trafficking -free supply chains and zero tolerance consumer ethic, as well 
as promoting Human Rights Education in schools. 

With  regard  to  measuring  the  impact  of  the  initiatives  to  criminalise  the  use  of 
services  exacted  from  victims  of  trafficking,  few  Member  States  noted  relevant 
studies  and  research  undertaken.  For  example,  in  the  Netherlands  a  research  is 
carried  on  the  identity  of  clients  by  analysing  the  criminal  records  of  the  Public 
Prosecution  Service,  to  gain  more  insight  into  what  drives  these  clients  and  what  will 
deter them, on the investigation policy and laws and regulations on how to deal with the 
clients; on sentencing related to cases of sexual exploitation of minors. Ireland reported 
on funding research to focus on the impact of the Criminal  Law (Sexual Offences) Act 
2017  on  the  welfare  of  people  engaged  in  sexual  activity  for  payment.  Two  project 
proposals  were  received,  evaluated  and  recommended  for  funding,  which  are  also 
expected to provide information relating to victims of trafficking in human beings. One 
of  the  projects  aims  to  provide  empirical  data  on  the  experience  of  women  in  the 
commercial sex trade and the response of the criminal justice system in the context of the 
new law. The other research project aims to explore the current levels of awareness and 
“know-how” about the criminalisation of purchasing sex legislation among survival sex 
workers.  It  also  aims  to  design  an  evidence-based  ethical  approach  to  research  and 
working with survival sex workers.  

Some Member States (e.g. AT, LU) highlighted practical procedural considerations 
when introducing or implementing a criminal provision to penalise users of services 
exacted  from  victims  of  trafficking  in  human  beings,  such  as  1)  noting  that  public 
prosecutors  and  police  rarely  receive  reports  on  using  sexual  services  of  victims  of 
trafficking in human beings  because none of the persons involved are interested in the 
prosecution of the case; 2)  it can be difficult to prove the intention of the perpetrator; 3) 
a  lower  degree  of  knowledge  required  for  the  criminal  liability  would  mean  punishing 
people for acting carelessly  for example when they buy cheap products,  and 4) in  such 
cases,  suggest  that  awareness  raising  campaigns  would  be  much  more  effective  to 
sensitise  consumers  about  trafficking  and  especially  for  the  signs  of  exploitation;  5)  in 
cases where knowledge is not required just to make the provability easier would lead to a 
shift  of  focus  of  the  criminal  act  and  punishing  the  consumer  would  be  in  the  centre 
instead  of  punishing  the  traffickers;  6)  in  many  cases,  non-legislative  measures  like 
awareness-raising campaigns to inform consumers about minimal legal standards, decent 
working conditions and indicators of trafficking or exploitation could be more practicable 
and  more  effective  means;  7)  doubts  whether  introducing  a  special  provision  would 

58 

 
 
reduce demand more effectively; 8) disposition of national law making difficult to enter 
private housings in order to check whether sexual exploitation takes place or not. It was 
suggested to give considerations (SK) whether it will be necessary to perform an analysis 
for supplementing the particular provision on abuse of services of victims of trafficking 
in  human  beings  in  the  criminal  code  or  it  is  necessary  to  focus  on  consistent 
implementation of the existing legislation in the Criminal Code.   

Council  of  Europe,  Group  of  Experts  on  Actions  Against  Trafficking  in  Human  
beings-  9Th  General  Report  on  GRETA’s  activities112:“  GRETA  notes  that  the 
criminalisation of the use of services which are the object 
of exploitation as referred to 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. State Parties which have introduced this provision in 
their national legislation should disseminate information about it and promote 
its application in practice. Other State Parties should consider introducing a legal 
provision criminalising the use of services which are the object of exploitation as 
referred to in Article 4 of the Convention, with the knowledge that the person is a 
victim of trafficking. In respect of all State Parties, GRETA has made recommendations 
at the level of “consider”, asking them to take further measures to discourage demand 
for the 
services of trafficked persons, for all forms of exploitation, in partnership with civil 
society, trade unions and the media, including by raising awareness, implementing 
educational programmes at schools, strengthening corporate social responsibility 
and requiring businesses to report publicly on measures to reduce human trafficking 
or forced labour in their supply chains.” 

Many  Member  States  have  taken  measures  to  address  the  use  of  services  exacted 
from victims of trafficking, including legislation in this field for prevention and for 
discouraging demand on which the trafficking business thrives and also increasing 
accountability  towards  the  victims.  Due  to  legislative  and  policy  developments  in 
this  field  since  the  adoption  of  the  Anti-trafficking  Directive  (2011),  exploring  in 
greater details  the available knowledge and experiences and statistics can take the 
comprehensive picture in the EU. 

5.2. BUSINESSES AND LEGAL PERSONS: RESPONSIBILITY AND DUE DILIGENCE 

AGAINST THE TRAFFICKING CHAIN 

Article 5 of the Anti-trafficking Directive establishes the liability of legal persons for the 
trafficking  offence.  According  to  the  ‘Transposition  report’113  of  the  European 
Commission,  all  Member  States  have  introduced  criminal  or  administrative  liability  of 
legal persons for the different types of capacities or positions of the perpetrator that shall 
lead to responsibility. Article 6 of the Anti-trafficking Directive set out the obligation for 
Member States to introduce effective, proportionate and dissuasive penalties for the legal 

112  20/04/2020,  available  at:    https://www.coe.int/en/web/anti-human-trafficking/-/greta-publishes-9th-

general-report-on-its-activities  

113   COM(2016) 722 final. 

59 

 
 
                                                      
persons  held  liable.  The  Transposition  report  of  the  European  Commission  notes  that 
Member  States  have  introduced  administrative  or  criminal  sanctions  for  the  trafficking 
offence that are explicitly applicable to legal persons, minimum and maximum fines vary 
between Member States; and Member States may include other optional sanctions. 

Under the priority to  disrupt the business  model  and untangle the trafficking chain,  the 
2017  Commission  Communication  calls  for  discouraging  the  demand  for  all  forms  of 
exploitation, including through the responsible management of global value chains. The 
Communication  further  describes  EU  action  taken  in  several  policy  areas,  both  in  the 
internal and the external dimension, to ensure supply and value chains without trafficking 
in human beings, including in the garment sector. The Second progress report provided 
information on measures adopted by the Member States to address due diligence and the 
responsibility of legal  persons in  the trafficking chain.  The Commission  Staff Working 
Document  on  ‘Sustainable  garment  value  chains  through  EU  development  action’ 
presents  an  overview  of  the  complex  garment  sector  and  the  challenges  it  faces,  and 
outlines  a  strategy  for  an  effective  EU  development  cooperation  response114.  The 
Commission’s  Guidelines  on  non-financial  reporting  enhance  business  transparency  on 
social and environmental matters115. 

The  trafficking  chain  includes  the  complex  interplay  of  economic  transactions 
linked  to  trafficking  in  human  beings:  from  legal  persons  or  businesses,  legal  or 
illegal, to individuals or crime groups, and those benefiting and using the services of 
the  victims,  the  chain  is  multi-layered  and  starts  when  the  victim  falls  under  the 
control of the trafficker. Actors receiving economic profits along the chain may range 
from  relatives  of  victims,  informal  or  formal  recruitment  agencies,  labour  market 
intermediaries  supplying  labour  in  specific  sectors  or  sub-contractors  in  global  supply 
chains,  as  well  as  travel  agencies,  visa  services  and  taxi  or  other  transport  enterprises. 
Discouraging the demand for all forms of exploitation encompasses the responsible 
management  of  global  supply  chains,  attention  to  due  diligence  and  high  risk 
sectors. ICT technologies and online services providers can contribute to reduce the risk 
of  people  becoming  victims  of  trafficking  and  to  enable  efficient  and  effective 
investigations of trafficking cases. 

Civil  society  organisations  refer  to  the  potential  role  of  the  transport  industry  as 
facilitator of the trafficking chain.  Particular reference is  made to  bus, truck and taxi 
drivers involved in the transportation of migrants, victims and users; hotel services might 
knowingly or unknowingly facilitate trafficking.   

Trafficking  networks  are  increasingly  showing  levels  of  professionalism  and  expertise, 
making their activity look like a corporate business, much more than in the past. Member 
States  highlighted  the  existence  of  synergies  between  the  policy  framework  against 
trafficking  in  human  beings  and  public  policies  adopted  at  the  national  level  in  related 
areas, such as organised crime, security, business and human rights. 

114  https://ec.europa.eu/transparency/regdoc/rep/10102/2017/EN/SWD-2017-147-F1-EN-MAIN-PART-

1.PDF 

115   C/2017/4234.   

60 

 
 
                                                      
Civil  society  organisations  stress  the  need  to  increase  transparency  in  the  supply 
chains  of  products,  where  trafficking  in  human  beings  is  often  taking  place  and  to 
introduce mandatory due diligence. Several Member States report on the adoption of 
measures addressing the responsibility of businesses and legal persons, and due diligence 
in the chain of supply of products, notably within the framework of business and human 
rights.  Trafficking  in  human  beings  is  increasingly  identified  as  a  priority  in  due 
diligence (e.g.  EL). This includes public private  partnerships, notably with trainings on 
Business and Human Rights addressing trafficking and related issues (e.g. EL), or with 
the hotel and banking sectors (e.g. NL). The Austrian Federal Ministry of Social Affairs, 
Health,  Care  and  Consumer  Protection  finances  a  project  on  trafficking  in  the  supply 
chain  in  the context  of corporate social  responsibility and businesses  aiming to  analyse 
how  existing  quality  seals  and  multi-stakeholder-initiatives  to  be  used  to  combat  and 
prevent human trafficking and labour exploitation in the international supply chains. 

Ireland's  National  Plan  on  Business  and  Human  Rights  2017-2020,  launched  by  the 
Department  of  Foreign  Affairs  and  Trade,  aims  to  give  effect  to  the  UN  Guiding 
Principles  on  Business  and  Human  Rights.  It  includes  in  its  initial  priorities  for  the 
Implementation Group, the encouragement and facilitation of the sharing of best practice 
on human rights due diligence, including effective supply chain audits. 

Several  Member  States  carried  out  efforts  in  order  to  address  and  raise  awareness  on 
trafficking  in  human  beings  in  the  context  of  public  procurement  and  business 
responsibility to  prevent trafficking for labour exploitation  and protecting human rights 
(e.g. IE, LV, NL, SI).  

5.3. INCREASING ACCOUNTABILITY AND RESULTS THROUGH EFFECTIVE 

INVESTIGATIONS AND PROSECUTIONS 

Article 9 of the Anti-Trafficking Directive stipulates that Member States shall take all the 
necessary  measures  to  ensure  that  effective  investigative  tools  are  available  to 
investigation  and  prosecution  authorities;  persons,  units  and  services  investigating  and 
prosecuting the trafficking offences are trained and that investigation and prosecution are 
not dependent on reporting or accusation by the victims. 

5.3.1.  SPECIAL INVESTIGATIVE TECHNIQUES AND SPECIFIC COMPETENCES 

As a form of particularly serious crime, trafficking in human beings is an area in which 
special  investigative  technics  are  provided  for  by  law  in  the  Member  States.  Member 
States reported on recent developments, as well as on already existing practices on this 
matter.  Such  techniques  may  involve,  but  are  not  limited  to  physical  and  electronic 
surveillance, search of premises and persons; seizure of property; undercover operations, 
monitoring of bank accounts; surveillance of payment transactions, lifting confidentiality 
of communications or location and traffic data. Some Member States (e.g.  LT) note an 
increased  quality  of  investigations,  ascribed  to,  among  others,  the  knowledge  and 
competence built of investigating officers and to the application of established case law 
in  this  field.  Member  States  report  on  persisting  challenges  for  operations  stemming 
from,  among  others,  the  limitation  of  resources,  including  of  technical  equipment  and 

61 

 
 
appropriate  technological  tools,  such  as  analytical  software,  to  law  enforcement 
personnel (e.g. LV). 

Specialised  anti-trafficking  units  and  structures  have  been  assigned  in  some  Member 
States to  deal  with investigation in  the area of trafficking in  human beings. Specialised 
anti-trafficking  units  have  been  operating  within  the  police  forces  in  a  number  of 
Member States, for instance Latvia and Slovakia. In Hungary, senior supervisor officers 
in  the  area  of  trafficking  in  human  beings  have  been  appointed  in  all  county  police 
headquarters in 2019. As reported by Latvia, the specialised trafficking in human beings 
units have initiated a particularly high number of investigations of trafficking compared 
to  other  police  departments  in  the  country.  Nevertheless,  not  all  Member  States  have 
specialised police units in trafficking in human beings.  

In Croatia, police officers specialised in financial investigation have been assigned within 
the police section dealing with organised crime. In Romania, experts from the financial 
investigation service can be associated, when necessary, for the investigation of cases of 
trafficking in human beings, together with the anti-trafficking experts. 

Prosecution of cases of trafficking in human beings is facilitated in some Member States 
through the appointment of specialised prosecutors in the area of trafficking in human 
beings. Specialised prosecutors are appointed for trafficking in human beings cases, for 
instance, in the Public Prosecutors’ Offices at different courts in Greece. Member States 
make efforts to increase the level of specialisation of prosecutors dealing with trafficking 
cases involving them in thematic trainings, workshops and conferences. 

Efforts  have  been  deployed  by  some  Member  States  towards  the  development  of  an 
institutional  framework  for  combating  trafficking  in  human  beings  and  to  further  the 
specialisation among competent authorities to deal with the crime. In Poland, inspections 
can  be  conducted  jointly  by  border  guard  officers  and  labour  inspectors  based  onan 
agreement and specialised units of the border guard can conduct investigations into cases 
of trafficking in human beings identified by labour inspectors under the supervision of a 
prosecutor.  A  multi-agency  initiative  to  combat  organised  crime  is  in  place  in  Sweden 
since  2009  bringing  together  authorities  and  services  in  the  area  of  prosecution, 
enforcement, the coast guard, customs, migration, security, economic crime, tax, prison 
and probation, social insurance and public employment. 

In  France,  specialised  multi-disciplinary  units,  Groupes  interministériels  de  recherches 
(GIR),  are  associated  in  the  investigations  of  trafficking  in  human  beings.  The 
involvement  of  this  multidisciplinary  police  entity  facilitates  a  systematic  approach  to 
patrimonial investigations. The national action plan adopted in 2019 set forth among its 
objectives  to  intensify  the  patrimonial  dimension  of  the  criminal  justice  response  to 
trafficking in human beings. 

In addition, the authorities involved in investigation and prosecution of trafficking cases 
are  encouraged  to  envisage  proceedings  against  legal  entities  involved.  In  the  case  of 
sexual  exploitation,  such  action  may  include  closing  down  venues  such  as  hotels  and 
massage parlours. 

62 

 
 
5.3.2.  FINANCIAL INVESTIGATIONS 

Trafficking in human beings is a highly profitable crime. As an example, France reported 
an  estimated  increase  of  criminal  assets  related  to  trafficking  for  sexual  exploitation 
between 2017 and 2018 by over two-thirds, from six to EUR 10 million.  

According  to  the  European  Commission’s  2017  Communication,  following  the  money 
throughout  the trafficking chain  is  crucial to  turning trafficking in  human beings into a 
'high-risk,  low-return'  crime.  To  this  end,  it  is  essential  to  intensify  investigations  and 
prosecutions  and  facilitate  proactive  financial  and  intelligence-led  investigations, 
freezing,  confiscation,  and  recovery  of  criminal  assets.  Effective  identification  and 
tracking  of  criminal  proceeds  could  facilitate  confiscation  and  asset  recovery  and  help 
producing  evidence  that  can  be  used  in  criminal  proceedings  and  increase  the  overall 
deterrent  effect  of  criminal  justice  response.  In  its  Conclusions  on  enhancing  financial 
investigations to fight serious and organised crime, the Council of the EU recognised the 
importance  of  the  “follow  the  money  approach”  and  called  on  the  Member  States  to 
enhance  cooperation  in  conducting  financial  investigations  and  exchanging  financial 
information between FIUs, Asset Recovery Offices, Customs authorities, tax authorities 
and law enforcement authorities116. 

Combatting criminal finances and money laundering and facilitating asset recovery is set 
out  as  a  priority  and  a  strategic  goal  for  the  operational  work  in  the  framework  of 
EMPACT,  applying  to  all  crime  areas,  including  trafficking  in  human  beings.  The 
Council further called on the Member States to ensure that financial investigations, as a 
horizontal  priority  in  EMPACT,  form  part  of  all  kinds  of  criminal  investigations  on 
organised crime, including trafficking in human beings117.  

The  Commission  continued  providing  funding  support  to  projects  in  the  area  of  anti-
trafficking action and through the  Internal  Security Fund, issued  a call for proposals  in 
2019 aimed at countering the culture of impunity for all perpetrators and disrupting the 
financial  business  model  of  trafficking  by  following  the  money118.  Priorities  under  this 
funding  avenue  are,  among  others,  to  support  the  development  of  measures,  tools  and 
methodologies aimed at intensifying investigations, including financial and intelligence-
lead investigations, and prosecutions in the area of trafficking in human beings, ensuring 
tools  for  evidence  gathering  for  increasing  prosecutions  and  convictions  untangling  the 
trafficking chain. 

The  EU  has  developed  a  solid  legal  framework  for  preventing  and  combatting  crime, 
including money laundering. In 2019, the EU adopted a Directive to facilitate the use of 
financial and other information for the prevention, detection, investigation or prosecution 

116 

 Council  conclusions  on  enhancing  financial  investigations  to  fight  serious  and  organised  crime, 
8927/20. 

117   Ibid. 

118   https://ec.europa.eu/anti-trafficking/eu-policy/call-proposals-support-victims-trafficking-human-

beings  

63 

 
 
                                                      
of certain  criminal  offences119.  This  Directive lays  down rules granting direct  access  to 
information  held  in  centralised  bank  account  registries  to  designated  Member  States’ 
authorities  competent  for  the  prevention,  detection,  investigation  or  prosecution  of 
criminal  offences.  The  Directive  also  aims  to  improve  the  cooperation  between  law 
enforcement  authorities  and  Financial  Intelligence  Units  (FIUs)  and  facilitate  the 
exchange of information between FIUs. However, more needs to be done to drive this 
forward.  In  2019,  the  Commission  noted  that  the  interconnection  of  national  bank 
account  registries  is  technically  feasible  and  needed  in  the  fight  against  criminal 
finances120. 

Recent  EU  legislative  developments  have  aimed  to  strengthen  the  EU  anti-money 
laundering  and  countering  the  financing  of  terrorism  (AML/CFT)  framework,  through 
among  others,  amendments  by  the  5th  Anti-Money  Laundering  Directive  (5AMLD)121, 
new  rules  on  access  to  financial  information  by  law  enforcement  authorities  and  a 
harmonised definition of offences and sanctions related to money laundering122. Directive 
2018/1673 on countering money laundering by criminal law establishes minimum rules 
concerning  the  definition  of  criminal  offences  and  sanctions  in  the  area  of  money 
laundering.  The  Commission  Action  Plan  for  a  comprehensive  Union  policy  on 
preventing  money  laundering  and  terrorist  financing  highlighted  the  importance  of 
building capacity at EU level to investigate and prosecute financial crime123. 

While  some  Member  States  report  that  financial  investigations  are  an  integral  part  of 
investigations  into  cases  of  trafficking  in  human  beings  and  that  stronger  attention  is 
being  paid  to  tracking  criminal  proceeds,  freezing  and  confiscation  of  assets,  financial 
investigations are nevertheless not being performed systematically in all cases across the 
EU. 

Tracing  of  criminal  proceeds  takes  place  as  part  of  a  pre-trial  crime  investigation, 
including in cases of trafficking in human beings (e.g. DK, EE, FI) in order to identify 
illegal  proceeds,  illegally  acquired  property,  money  laundering  offenses  and  other 
officially  prosecuted  offenses.  In  some  Member  States,  a  financial  investigation  is 
included, in principle, in all investigations of a criminal offense of trafficking in human 

119   Directive  (EU)  2019/1153  of  the  European  Parliament  and  of  the  Council  of  20  June  2019  laying 
down  rules  facilitating  the  use  of  financial  and  other  information  for  the  prevention,  detection, 
investigation  or  prosecution  of  certain  criminal  offences,  and  repealing  Council  Decision 
2000/642/JHA, OJ L 186, 11.7.2019, p. 122. 

120   Report  from  the  Commission  to  the  European  Parliament  and  Council  on  the  interconnection  of 
national  centralised  automated  mechanisms  (central  registries  or  central  electronic  data  retrieval 
systems) of the Member States on bank accounts, COM(2019) 372 final, 24.7.2019. 

121   Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending 
Directive  (EU)  2015/849  on  the  prevention  of  the  use  of  the  financial  system  for  the  purposes  of 
money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU, OJ 
L 156, 19.6.2018, p. 43–74 

122   Directive  (EU)  2018/1673  of  the  European  Parliament  and  of  the  Council  of  23  October  2018  on 

combating money laundering by criminal law, OJ L 284, 12.11.2018, p. 22. 

123   C(2020) 2800 final. 

64 

 
 
                                                      
beings (e.g. PT, SI). Such investigations are sometimes carried out by the same criminal 
investigators  and  if  necessary,  specialised  services  such  as  ARO,  FIUs,  money 
laundering prevention offices or forensic units are associated to the investigation (e.g. SI, 
PT). Special attention is paid in some Member States by the authorities involved in the 
investigation  of  trafficking  cases  to  financial  investigations  (e.g.  RO),  freezing  and 
confiscation  of  assets  acquired  by  perpetrators  (e.g.  FR)  and  to  following  the  money, 
rather  than  relying  predominantly  on  the  testimony  of  victims  (e.g.  MT).  Closer 
cooperation between judicial police and prosecutors in investigation has been established 
in some Member States to follow the financial flow of criminal money from traffickers 
(e.g. RO). 

However,  financial  investigations  are  not  carried  out  systematically  in  all  cases  of 
trafficking  in  human  beings  across  the  EU  and  in  some  Member  States,  criminal 
proceedings on trafficking in human beings remain limited.  

Cooperation  with  the  banking  and  financial  sector  has  had  positive  results  in  some 
Member States (e.g. FI), including with FIU, the banking system and international money 
transfer  companies, for the purpose of asset  recovery (e.g.  FI, NL).  In the Netherlands, 
there has been an intensification of public-private partnerships with the banking sector to 
improve  the  reporting  of  unusual  transactions  and  early  recognition  of  possible  new 
financial  characteristics  related  to  labour  exploitation,  with  possible  extension  of  the 
scope to trafficking for sexual exploitation.  

In the Netherlands, under a pilot project aiming to promote timely identification of labour 
exploitation, a partnership has been established between a ministry, a bank and academia 
and with the involvement of the police. Under this partnership, the bank would identify 
unusual transactions of labour exploitation on the basis of financial indicators and report 
them  to  the  national  Financial  Intelligence  Unit  (FIU).  On  the  basis  of  these  unusual 
transactions, the FIU can then transmit signals of labour exploitation to the Ministry of 
Social Affairs and Employment. The first phase of this pilot has discovered and reported 
dozens  of  unusual  situations  to  FIU.  Since  March  2019,  the  project  was  expanded  to 
additional banks and continues looking into other forms of human trafficking.  

Some  Member  States  (e.g.  CZ,  DK,  FI,  FR)  report  that  challenges  to  successful 
financial  investigations  persist.  Some  point  out  the  complexity  of  transactions  and 
challenges of tracing criminal proceeds from trafficking in human beings. This is related 
to,  among  others,  the  predominant  use  by  perpetrators  of  cash  payments  and  of  cash 
couriers  or  money  transfers  via  a  system  of  lenders  and  compensations  or  private 
companies  for  the  movement  of  criminal  proceeds.  The  transnational  dimension  of  the 
crime  renders  the  investigation  and  the  freezing  and  confiscation  of  assets  located  in 
other countries challenging (e.g. SE, SK). Bulgaria reports and observes a decrease in the 
use  of  bank  transfers  for  moving  proceeds  of  trafficking  and  notes  that  the  cash 
movements  of  criminal  proceeds  from  trafficking  are  often  carried  out  by  persons  not 
necessarily related to the crime, such as truck drivers serving the route to the destination 
country. Additional challenges are posed by the fact that cash movements often concern 
amounts  below  10  000  euro,  which  are  exempted  from  EU  rules  on  cash  control  (e.g. 
BG).  In  addition,  the  poly-criminal  nature  of  organised  crime  groups  (OCGs)  and  the 

65 

 
 
transnational dimension of the crime resulting in significant flow of the criminal money 
abroad  also  represents  a  challenge  for  the  effective  investigation  of  the  crime.  In  some 
cases,  the  criminal  proceeds,  such  as  from  sexual  exploitation  of  women  and  girls,  are 
reinvested for the financing of other types of criminal activities, e.g. drug trafficking (e.g. 
FR). 

In 2019, the OSCE issued the paper “Following the Money: Compendium of Resources 
and  Step-by-step  Guide  to  Financial  Investigations  into  Trafficking  in  Human  Beings” 
with the aim to raise awareness of the strategic value of financial investigations and the 
resources  available124.  The  findings  of  the  OSCE  report  indicate  that  despite  well-
intended initiatives, the area of financial investigations remains fragmented, inadequately 
coordinated,  and  under-publicised  to  practitioners  and  relates  these  challenges  to  a 
relatively low rate of effective financial investigations across the OSCE region. The use 
of  accurate  indicators  of  trafficking  in  human  beings  is  crucial  for  effective  financial 
investigations as they facilitate effective reporting and preventing the misuse of financial 
institution  systems  by  traffickers.  Among  the  persisting  issues,  the  OSCE  points  to  the 
underutilisation  of  suspicious  transaction  reports  by  law  enforcement  officers,  lack  of 
appropriate investigator training and of appropriate tools for the financial institutions to 
rapidly identify and report suspicious transactions, as well as low dissemination of good 
practices. 

Eurojust  casework125  describes  ongoing  cross  border  cooperation  and  challenges  to 
overcome in asset recovery cases. Several projects funded under the EU Internal Security 
Policy  Fund  supported  cross-border  actions  with  EU  added  value  against  criminal 
proceeds and for following the money.  

While trafficking in human beings is highly lucrative crime, financial investigations are 
not  routinely  used  as  a  method  of  detection  and  there  is  no  structured  way  in  which 
forensic  accountants  in  law  enforcement  can  securely  communicate.  Confiscating 
criminal proceeds will act as an effective deterrent and should be increased.  

The European Commission funded project coordinated by the Association of 
Law Enforcement Forensic Accountants (ALEFA) during the period 2016  -
2018  with  an  estimated  budget  of  EUR  247  151  from  the  Internal  Security 
Fund-Police, addressed this gap via training and research and developing a 
handbook126 . 

Initially,  the  project  carried  out  research  visits  to  law  enforcement  agencies  in 
Belgium,  Bulgaria,  Germany,  Hungary,  Italy  and  Spain,  in  order  to  gather 
information  on  how  these  countries  approach  investigations  into  cases  of 
trafficking in human beings. The team then interviewed key global specialists in 

124   OSCE,  Following  the  Money  -  Compendium  of  Resources  and  Step-by-Step  Guide  to  Financial 
2019, 
Trafficking 

Beings, 

Human 

in 

Investigations 
https://www.osce.org/secretariat/438323?download=true  

Related 

to 

125   Report on Eurojust’s Casework in Asset Recovery, 12 February 2019. 

126   https://ec.europa.eu/home-affairs/sites/homeaffairs/files/03_compilation_isfp_just.pdf  

66 

 
 
                                                      
the  field  from  Australia,  Canada  and  the  USA.  Following  this,  a  2-day  training 
event  was  held  at  Europol’s  headquarters,  which  brought  together  125 
participants from 25 countries and the European Commission. The training event 
focused on developing a best practice approach by looking at a multitude of high-
profile cases on trafficking in human beings from a financial perspective.  

The main output of the 2-year project is a handbook, which presents a proposed 
common methodology for use in financial investigations into cases of trafficking 
in  human  beings  across  all  EU  Member  States.  This  handbook  helps  financial 
investigators  across  the  EU  and  around  the  world  to  follow  the  money,  trace 
assets and analyse financial evidence in cases of trafficking in human beings. The 
handbook includes contact points in EU Member States and other countries. This 
increases  cooperation  among  national  enforcement  agencies,  bringing  a  strong 
element of international cooperation to the project. 

Financial  Intelligence  Unit  (FIU):  Member  States  have  set  up  operationally 
independent  and  autonomous  FIU  to  collect  and  analyse  information  with  the  aim  of 
establishing  links  between  suspicious  transactions  and  underlying  criminal  activity  in 
order  to  prevent  and  combat  money  laundering  and  terrorist  financing.  The  current  EU 
framework  requires  obliged  entities  to  report  all  suspicious  transactions  to  the  national 
FIU.  

The Council of the EU adopted in 2019 Conclusions on strategic priorities on anti-money 
laundering and countering the financing of terrorism127 reiterating the need for stronger 
coordination between Financial Intelligence Units. The Directive  to facilitate the use of 
financial and other information for the prevention, detection, investigation or prosecution 
of  certain  criminal  offences  adopted  aims  to  improve  the  cooperation  between  law 
enforcement  authorities  and  FIUs  and  facilitate  the  exchange  of  information  between 
FIUs. The Directive tasks the Member States to designate the competent authorities that 
can request and receive financial information or financial analysis from the national FIU. 
The European Commission responded to the Council conclusions by adopting an action 
plan  on  7  May  2020,  which  includes  the  possibility  to  establish  a  coordination  and 
support mechanism for FIUs128.  

Some Member States have ensured that the  FIU  includes a specialised unit responsible 
among others in the area of trafficking in human beings (DK) or have established flexible 
cooperation with FIUs and the banking system in recovery of criminal assets (e.g. FI). In 
the Netherlands, the FIU applies a theme-based approach to various forms of trafficking, 
sharing  all  suspicious  transactions  related  to  trafficking  in  human  beings  with  the 
relevant special investigative, intelligence and security services.  

According to OSCE findings, the working relationship between financial institutions and 
law enforcement is fairly uniform across the region: once activities with a potential nexus 
to criminal activity are identified by financial institutions, they are disclosed in the form 

127   14823/19. 
128   Communication  from  the  Commission  on  an  Action  Plan  for  a  comprehensive  Union  policy  on 

preventing money laundering and terrorist financing, C(2020) 2800 final. 

67 

 
 
                                                      
of  reports  and  submitted  to  the  respective  FIU129.  This  reporting  is  obligatory  and 
enforced  through  stringent  regulation  of  financial  institutions,  as  well  as  other  possible 
reporting  entities  such  as  casinos,  amongst  many  OSCE  participating  States.  Once 
reports  are  received  by  the  FIU,  they  are  documented  and  analysed  for  material 
information to open investigations or to initiate possible proactive action. 

The OSCE compendium130 includes useful resources for financial investigations, a step-
by-step  guide  to  financial  investigations  related  to  trafficking  in  human  beings  and 
provides  analysis  and  summaries  of  over  20  financial  investigation  tools  and  resources 
and a comprehensive list of trafficking in human beings indicators. 

5.3.3.  FREEZING, SEIZING AND CONFISCATION OF PROCEEDS OF CRIME 

The  EU  has  devoted  significant  efforts  in  the  past  years  to  facilitate  financial 
investigations  and  harmonise  the  legislation  on  confiscation  in  the  Member  States. 
Findings of the European Commission report on the implementation of the EU Directive 
on  confiscation  and  freezing  of  assets  “Asset  recovery  and  confiscation:  Ensuring  that 
crime  does  not  pay”131  show  that  the  adoption  of  the  Directive  2014/42/EU  on  the 
freezing  and  confiscation  of  instrumentalities  and  proceeds  of  crime  (Confiscation 
Directive)132  has  led  to  substantive  progress  in  the  Member  States’  asset  recovery 
frameworks.  The  adoption  of  Regulation  2018/1805  on  the  mutual  recognition  of 
freezing and confiscation orders133 is considered as another milestone in the area of asset 
recovery. Despite all efforts, the rate of confiscation of criminal assets in the EU remains 
low, according to Europol - as low as only 1.1%134. 

Legal instruments for freezing and confiscation of criminal assets are being increasingly 
used in relation to trafficking in human beings offences in some Member States (e.g. SE, 
EE),  including  the  possibilities  provided  by  freezing  orders  and  the  confiscation 
Directive  in  cases  when  assets  are  located  in  another  EU  country.  Member  States 
acknowledge  the  key  role  of  Asset  Recovery  Offices  (ARO)  in  the  investigation  and 
prosecution  of  the  crime  and  in  dismantling  the  trafficking  chain  (e.g.  ES).  Financial 
investigators from the police authorities also make use of international networks for the 
exchange of information on crime, such as ARO and the Camden Asset Recovery Inter-
agency Network (CARIN) that facilitate receiving responses usually quickly, in a matter 
of  days  (e.g.  SE).  Nevertheless,  challenges  in  the  proceedings  remain.  Notably  with 
regard  to  the  freezing  and  confiscation  of  assets  located  abroad  and  when  it  comes  to 
proving  illegal  profits  in  cases  of  mixed  profit  from  legitimate  business  and  criminal 
activities.  As  criminal  proceeds  are  often  transferred  across  borders,  it  would  be 

 https://www.osce.org/secretariat/439712?download=true  

129   OSCE, Following the Money 2019. 
130 
131   COM(2020) 217 final. 
132   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, p. 39. 

133   Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on 

the mutual recognition of freezing orders and confiscation orders, OJ L 303, 28.11.2018, p. 1. 
134   “Does Crime still pay? Criminal Asset Recovery in the EU”, Survey of Statistical information 2010-

2014, Europol 2016. 

68 

 
 
                                                      
important to involve relevant cooperation networks, such as AROs, CARIN and FIUs, to 
facilitate the tracing of proceeds and assets connected to trafficking in human beings. 

Possibilities  for  recovery  of  criminal  assets  have  improved  in  several  Member  States, 
including following legislative revisions and strengthening national legal frameworks on 
freezing and confiscation of assets (e.g. DE,  LU,  LV). Germany reports that a criminal 
law reform in 2017 to increase the possibilities for asset recovery, including in relation to 
trafficking  in  human  beings,  also  for  seizing  assets  of  unknown  origin  derived  from 
criminal acts of trafficking of human beings, even without proof that a specific criminal 
act  has  been  carried  out  (non-conviction  based  confiscation).  Member  States  have 
adopted legislative measures on special confiscation of property (e.g. LV) and measures 
for promoting tracing of criminal money that has reportedly facilitated the court work in 
the criminal proceedings (e.g. ES). Data about the property of the suspected perpetrator is 
mandatory  collected  during  the  investigation  (e.g.  LT).  Hungary  reports  measures  for 
rendering  seizure  asset  recovery  and  mandatory  in  the  investigation  of  proceeds-
generating  crimes  and  for  enforcing  asset  recovery  already  in  the  stage  of  court 
proceedings. Legal challenges remain, including when evidence is required to prove that 
the property has been acquired through criminal activities (e.g. SK). 

Member States have taken different measures with regard to the organisation of work and 
cooperation  on  financial  investigations  and  tracking  of  criminal  proceeds.  Hungary 
reports measures for integrating the duty of asset recovery into the scope of competences 
of the investigating authority, rather than assigning the matter to a separate authority. In 
Latvia,  the  FIU  is  under  the  supervision  of  the  Cabinet  of  Ministers  since  2019.  In 
Bulgaria,  upon  indictment  of  a  defendant  for  trafficking  in  human  beings,  the  Anti-
Corruption and Asset Forfeiture Commission is immediately notified by the supervising 
prosecutor for possible inspection of the property and financial status of the defendant. 

Despite progress made on cooperation, the level of confiscation of criminal proceeds 
from trafficking in human beings in Member States remain overall low, with some 
Member  States  reporting  no  confiscations  of  assets  related  to  trafficking  offences 
being carried out. 

Limited information is available as regards the value and number of confiscation in 
relation to trafficking in human beings, as Member States acknowledge a difficulty 
to  report  data  on  confiscated  property.  As  examples,  Lithuania  reports  six  property 
investigations in 2017-2019 and close to half million euro seized; Latvia reports over two 
million euro frozen for the reporting period 2017-2019. Close to EUR 1.5 million have 
been frozen as a result of the operational activities carried out under EMPACT -THB in 
2019. 

In four trafficking in human beings cases alone, assisted by Eurojust, a total of more 
than  EUR  5  million  in  cash  or  assets  were  seized  in  view  of  later  confiscation. 
Examples include:  

69 

 
 
●  Trafficking  case 
(seized 
approximately GBP 37 000, automobiles, gold jewellery, laptops and mobile telephones, 
as well as bank documents and cards),  

labour  exploitation  and  money 

for 

laundering135 

●  Dismantling  of  a  sexual  abuse  network136  (13  suspects  arrested,  including  one  of  the 
main leaders of the organized crime group, and 15 house searches; seizure of luxury cars, 
mobile phones, computers, jewellery and cash with estimated total value of the criminal 
proceeds is EUR 1.2 million);  

●  Trafficking  case  involving  mainly  victims  of  Nigerian  origin  (arrest  of  the  main 
suspects  of the organized crime group in  Malta, Romania and Finland, seized EUR 0.5 
million  in  cash,  as  well  as  equipment,  illegal  assets,  such  as  luxury  items,  false 
documentation,  and  cryptocurrencies,  and  several  web  domains  were  confiscated. 
Companies’  shares  and  bank  accounts  worth  EUR  1.5  million  were  frozen  and  17 
house searches were carried out) 

As  highlighted  also  in  the  report  by  the  Special  Advisor  to  President  Juncker  “the 
European Commission continues to promote the use of 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”137.  

5.3.4.  CROSS BORDER COOPERATION  

In  a  context  of  globalisation,  criminal  networks  become  more  flexible  and  mobile, 
rendering  EU  and  international  cooperation  ever  more  necessary.  Regular  operational 
cooperation activities take place in  the Member  States through, among others, data and 
information exchange, regular contacts with liaison officers, coordination meetings with 
police  and  judicial  authorities  organised  by  Europol  and  Eurojust,  participation  in  joint 
investigation  teams  (JITs),  and  use  of  EU  and  international  instruments  for  judicial 
cooperation.  Cooperation  often  takes  place  through  the  Europol  national  units  in  the 
Member  States  and  though  liaison  officers  and  seconded  staff  from  the  national 
authorities.  

European  Multidisciplinary  Platform  against  Criminal  Threats  (EMPACT):  In 
2010, the EU established a multi-annual EU policy cycle to tackle organised and serious 
international  crime,  better  known  as  the  European  Multidisciplinary  Platform  against 
Criminal Threats (EMPACT). The EU Serious and Organised Crime Threat Assessment 
(EU  SOCTA)  is  the  first  step  of  the  EMPACT  cycle.  The  SOCTA,  developed  by 
Europol, comprises a set of recommendations based on an in-depth analysis of the major 
crime  threats  facing  the  EU.  On  the  basis  of  these,  the  Council  of  Justice  and  Home 

135   http://www.eurojust.europa.eu/press/PressReleases/Pages/2018/2018-10-29.aspx  

136   http://www.eurojust.europa.eu/press/PressReleases/Pages/2019/2019-06-14.aspx  

137   Special  Advisor  J  Milquet  to  the  President  of  the  European  Commission,  Strengthening  Victims’ 
Rights: From compensation to reparation, For a new EU Victims’ rights strategy 2020-2025, March 
2019, at:  
_from_compensation_to_reparation_rev.pdf  

https://ec.europa.eu/info/sites/info/files/strengthening_victims_rights_-

70 

 
 
                                                      
Affairs Ministers defines its priorities for the cycle. Since the first assessment of criminal 
threats  within  the  EU,  trafficking  in  human  beings  remains  a  priority  crime  area, 
including in the ongoing EU Policy cycle / EMPACT 2018-2021 with the objective “to 
fight  against  the  trafficking  in  human  beings  (THB)  in  the  EU  for  all  forms  of 
exploitation,  including  sexual  and  labour  exploitation  as  well  as  all  forms  of  child 
trafficking”138. 

Member  States  reported  to  have  participated  in  strategic  and  operational  cooperation 
work supported by the EU Agencies, namely Europol and Eurojust, and in the framework 
of EMPACT THB facilitating swift and effective results and smooth use of EU judicial 
cooperation  instruments,  such  as  Joint  Investigation  Teams.  A  more  intensified  use  of 
Europol resources and databases compared to the previous reporting period and regular 
use of the Secure Information Exchange Network Application (SIENA)139 in operational 
work  have  been  reported.  Contributions  from  the  Member  States  to  Europol’s  project 
dedicated  to  trafficking  in  human  beings,  i.e.  AP  Phoenix,  and  participation  in 
coordination meetings at Europol and Eurojust have increased.  

Member  States  rely  regularly  on  support  from  Eurojust,  notably  with  regard  to  joint 
investigation teams, prosecution and transferring the evidence, while regular cooperation 
tools  are  being  used,  such  as  the  European  Investigation  Orders  and  Mutual  Legal 
Assistance. The number of trafficking cases registered at Eurojust for assistance has 
significantly increased in 2018-2019 compared to previous years, to, respectively, 150 
new trafficking in human beings cases in 2018 and 183 new trafficking in human beings 
cases  in  2019.  The  number  of  coordination  meetings  and  coordination  centres 
organised by Eurojust in trafficking in human beings cases in the period 2018-2019 
has  also  increased  from  the  previous  reporting  period,  respectively  coordination 
meetings  to  43  in  2018  and  53  in  2019.  In  addition,  four  coordination  centres  were 
established in the reporting period. Coordination meetings at Eurojust have facilitated the 
agreement on joint strategies, including on identifying, documenting and prosecuting the 
crime  of  trafficking  in  human  beings,  conducting  interviews  of  victims  and  suspects, 
finding  out  telecommunication  data,  sharing  information,  conducting  house  searches, 
searches  of  other  premises  and  persons,  arrests,  seizures,  cooperation  on  prosecution  / 
jurisdiction issues and freezing and confiscation of criminal assets, among others. 

Member States make use also of other networks, including of counsellors and attachés to 
facilitate bilateral contacts with priority countries of origin of the victims. 

Member  States  report  increasingly  on  cooperation  initiatives  and  practices,  including 
bilateral  operational  activities,  regional  and  international  initiatives.  Cooperation 
between  Ireland  and  Northern  Ireland  authorities  on  operations  targeting  an  OCG 
involved in trafficking for sexual exploitation and forced prostitution revealed evidence 
on the point of entry and trafficking routes to the neighbouring country. With the support 

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

international crime between 2018 and 2021, 9450/17. 

139   SIENA  is  a  platform  that  enables  the  swift  and  user-friendly  exchange  of  operational  and  strategic 
crime-related information between, among others, Europol, the Member States and third parties with 
which Europol has cooperation agreements. 

71 

 
 
                                                      
of Europol,  officers and  executives from  Greece  and Bulgaria held  in  2019 operational 
meetings  to  support  investigation  of  cases  of  trafficking  for  illegal  adoption  and  for 
sexual exploitation. Spain, Romania and Portugal carried out joint operational actions to 
optimise the results in inspections against labour and sexual exploitation.  

On  regional  level,  countries  in  the  Nordic  region  are  sharing  information  related  to 
trafficking  in  human  beings  and  conduct  regular  meetings  between  anti-trafficking 
experts.  

Cooperation  with  the  Network  of  National  Anti-Trafficking  Coordinators  of 
Southeast Europe under the Bulgarian Presidency of the Council of the EU 

One  of  the  top  priorities  of  the  Bulgarian  Presidency  was  stepping  up  the  European 
Perspective  of  the  Western  Balkan  countries  (Albania,  Bosnia  and  Herzegovina, 
Kosovo140, North  Macedonia, Serbia and Montenegro) and improving  cooperation with 
them.  During  the  Bulgarian  Presidency,  in  May  2018  the  National  Commission  for 
Combating Trafficking in Human Beings (NCCTHB) hosted a meeting of the Network of 
National Anti-Trafficking Coordinators of Southeast Europe, which presented an analysis 
of the human trafficking situation in the Western Balkans, the degree of conformity with 
EU  law  and  practices,  and  the  work  done  to  combat  this  kind  of  crime  and  protect 
victims.  The  analysis  was  drawn  up  by  the  NCCTHB  in  cooperation  with  the 
International Centre for Migration Policy Development in Vienna.  

Together with the Bulgarian Presidency, the European Commission/ invited the National 
Anti-Trafficking Coordinators of Southeast European countries to the meeting of the EU 
Network  of  National  Rapporteurs  in  June  2018  for  an  exchange  on  cooperation,  good 
practices  and  experiences.  For  continued  exchanges,  they  were  invited  again  by  the 
Austrian Presidency of the Council and the European Commission to the December 2018 
meeting  of  the  EU  network  of  National  rapporteurs  and  equivalent  mechanisms  to 
discuss cooperation further with the Western Balkan countries.  

Member  States  cooperated  with  non-EU  countries  for  the  investigation  of  suspected 
trafficking  cases.  For  example,  Slovenia  cooperated  with  China  for  the  dismantling  a 
Chinese  organised  criminal  groups  exploiting  victims  for  criminal  activities  related  to 
fraud (scam by phone). Joint Analysis teams between Spain, Romania and Morocco have 
been established to improve information and intelligence exchange as regards organised 
crime. 

A  number  of  cooperation  projects  with  non-EU  countries  on  addressing  trafficking  in 
human beings have been supported through relevant EU funds and instruments.  

Bilateral visits took place for the exchange of best practices and expertise (e.g. Greece in 
North Macedonia and Albania), but also bilateral and multilateral cooperation activities 
with  the  support  of  the  EU  Agencies,  namely  Europol  and  Eurojust,  or  international 

140   This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the 

ICJ Opinion on the Kosovo declaration of independence. 

72 

 
 
                                                      
organisations  such  as  the  Southeast  European  Law  Enforcement  Center  (SELEC). 
Sweden reports on a project aimed at supporting and strengthening police work with and 
between  the  six  Eastern  Partnership  countries  (Georgia,  Ukraine,  Moldova,  Belarus, 
Azerbaijan and Armenia). 

Liaison Officers 

Judicial  and  law  enforcement  cooperation  is  facilitated  by  cooperation  agreements  and 
specifically  through  the  appointment  of  liaison  officers  from  the  police  and  judicial 
authorities  from  EU  and  non-EU  states.  The  posting  of  liaison  officers  is  considered 
particularly  useful  for  facilitating  access 
intensified 
investigations of trafficking in human beings offences, including parallel investigations, 
JITs  as  well  as  capacity  building,  such  as  related  to  strengthening  local  investigations, 
improving the support and assistance to victims and awareness of the issue. 

information  and  more 

to 

A  few  reported  examples  of  such  action  concern:  The  Netherlands  envisaged  posting 
permanent  police  liaison  officers  in  the  source  and  transit  countries  for  trafficking  in 
human beings, in Poland, Italy and on the Western Balkan route and has posted a police 
liaison  officer  in  Bucharest  with  a  strong  focus  on  human  trafficking  in  Romania, 
Bulgaria  and  Moldovia  and  Hungary.  The  Netherlands  reports  on  actively  using  the 
network of police and magistrate liaison officers, such as those posted in Spain in Italy, 
to share information on suspected human trafficking conducted in the Netherlands, which 
may  facilitate  investigations  in  the  host  countries.  Czechia  posted  a  liaison  officer  in 
Romania  for  cooperation  with  the  police  force.  A  liaison  magistrate  from  the  UK 
specialised  in  the  area  of  trafficking  in  human  beings  and  smuggling  of  migrants  has 
been seconded to France to facilitate judicial cooperation in these fields, considering that 
the UK is often a destination for a considerable part of the trafficking transiting through 
France.  

France has applied a regional approach to cooperation in the area of trafficking in human 
beings, taking into account the main countries of origin of  victims. In order to improve 
the  understanding  of  criminal  networks  in  Bulgaria  and  Romania  who  are  source 
countries  of  numerous  victims,  an  expert  can  support  the  French  jurisdictions  in  the 
identification of criminal networks and in reinforcing cooperation with these countries. In 
addition,  France  has  deployed  a  technical  expert  in  Lomé,  Togo  to  coordinate  the 
implementation  of  anti-trafficking  actions  in  five  countries  in  West  Africa  (Benin, 
Cameroun, Ghana, Nigeria, Togo).  

Requests for mutual assistance to African countries are reportedly, much more rare. In 
order to reinforce cooperation with the region, France has posted two liaison magistrates, 
one  for  West  Africa,  and  one  for  Central  and  West  Africa.  However,  significant 
challenges to cooperation on judicial cooperation matters concerning Nigeria persist. To 
this end, France is envisaging a possibility of hosting a liaison magistrate from Nigeria in 
Paris,  following  the  practice  of  Italy  in  hosting  a  liaison  magistrate  in  Sicily  for 
reinforcing judicial cooperation on criminal matters, including in the area of trafficking 
in  human  beings.  In  2019,  a  liaison  magistrate  from  Nigeria  has  been  appointed  with 
support from the UN to  Spain to  facilitate requests for mutual legal assistance between 
the  two  countries  and  coordinates,  promotes  legal  assistance  between  the  competent 

73 

 
 
authorities in the two countries dealing with trafficking in human beings. Support from 
the liaison magistrate has been particularly relevant during parallel investigations carried 
out  in  the  two  countries  and  for  facilitating  information  exchange  and  requests  for 
assistance with Nigeria, where different law enforcement agencies may have jurisdiction 
in  a  case  depending  on  the  type  of  crime.  As  a  result  of  the  reinforced  cooperation, 
including  regular  meetings  between  the  liaison  magistrate  and  representatives  of  the 
police,  judicial,  foreign  affairs  authorities,  a  Nigerian  citizen  under  international  arrest 
warrant has been handed over to the Spanish authorities for suspected trafficking for the 
purposes of sexual exploitation. In addition, the liaison magistrate has facilitated sending 
of testimonies in Spanish judicial cases to the competent Nigerian authorities so support 
the prosecution of Nigerian citizens in their country for offences of trafficking in human 
beings.  

With  support  from  the  Netherlands,  the  UNODC  has  facilitated  the  secondment  of 
prosecutors from African countries of origin to European destination countries within the 
framework of the PROMIS ("Protection of Migrants") programme 141.  

In 2018 and 2019, two Nigerian prosecutors were seconded to Italy and Spain as liaison 
magistrates.  They  facilitate  mutual  cooperation  in  criminal  proceedings  through  the 
exchange  of  information,  specific  case  details  and  advice.  Although  this  is  a  relatively 
new initiative, the first results are already visible, partly due to an increase in the number 
of cases being investigated in partnership. 

The  Netherlands  supports  the  International  Organization  for  Migration  (IOM)  in  its 
capacity building efforts with  respect  to  judges and prosecutors in  Egypt  as well as for 
strengthening  the  Nigerian  Agency  for  the  Prohibition  against  Trafficking  and  the 
Nigerian Immigration Service. In Mali, Niger, Senegal, Gambia and the Ivory Coast, the 
Netherlands works on improving detection, investigative and judicial capacities through 
the  PROMIS  project,  which  is  carried  out  by  the  UNODC  and  the  Office  of  the  High 
Representative  for  Human  Rights  (OHCHR).  This  project  also  focuses  on  the 
improvement  of  national  laws  and  policies  on  human  trafficking  and  smuggling, 
strengthening  of  regional  and  international  cooperation  and  exchange  of  operational 
information on human trafficking and smuggling. Human rights protection is an integral 
part  of  this  project.  The  Netherlands  also  supports  a  UNODC  project  in  Morocco  and 
Egypt,  to  improve  the  investigation  and  prosecution  of  money  laundering  practices  in 
relation to trafficking in persons and smuggling migrants. 

Instruments for mutual legal assistance and judicial cooperation in criminal matter, 
such as European Arrest Warrant (EAW) and the European Investigation Order as well as 
possibilities  for  extradition  of  persons  and  takeover  of  criminal  proceedings  have  been 
regularly used with regard to offences for trafficking in human beings. 

Member  States  regularly  cooperate  for  the  request  and  execution  of  European  Arrest 
Warrants  concerning  persons  suspected  in  trafficking  in  human  beings.  Trafficking  in 
human  beings  is  exempted  from  the  verification  of  the  double  criminality  of  the  act, 

141   https://www.unodc.org/westandcentralafrica/en/2018-08-06-nigerian-prosecutor-italy.html 

74 

 
 
                                                      
which is acknowledged by some Member States to facilitate the execution of EAW and 
of European Investigation Orders in relation to the crime. Transfers of persons convicted 
for offences of trafficking in human beings in a court of another Member States have also 
been  carried  out  in  different  Member  States.  Extraditions  of  persons  for  the  trafficking 
offence  have  been  carried  out  from  different  Member  States  to  non-EU  countries, 
including Serbia, Moldova and Switzerland. 

Legal  assistance  has  been  requested  by  Member  States  from  non-EU  countries  with 
regard  to  criminal  proceedings  on  trafficking  in  human  beings.  For  example,  Latvia’s 
Public Prosecutor’s Office requested legal assistance to Ukraine, which was executed in 
3-months’ time. Slovakia point out to the challenges for prosecution, stemming from the 
sometimes-long process of execution of international legal assistance request.  

Eurojust  provides  support  to  Member  States,  among  others,  as  regards  to  the  gathering 
and  admissibility  of  evidence,  including  testimonies  from  victims,  witnesses,  financial 
information,  intercepts,  surveillance.  For  instance,  in  support  to  trafficking  cases  the 
agency has provided clarification on issues surrounding wiretapping and use of evidence 
and the differing interview process in specific Member States. 

Conflicts  of  jurisdiction  and  potential  violation  of  ne  bis  in  idem  or  ‘double 
jeopardy’  principle142:  In  many  trafficking  cases,  discussions  at  Eurojust  coordination 
meetings  involve  an  assessment  of  the  best-placed  jurisdiction  to  prosecute.  In  a  few 
cases, after discussions at coordination meetings, Eurojust national members have issued 
joint  recommendations  for  the  transfer  of  proceedings  from  one  Member  State  into 
another  in  order  to  prevent  or  solve  such  a  conflict  of  jurisdiction.  Issues,  such  as  the 
situation  and  nationality  of  the  victims,  were  highly  important  when  recommending 
which Member State is in a better position to prosecute. 

Member States reported on participating in international police cooperation  activities to 
address trafficking in human beings supported by Interpol (e.g. HR, FI, IE, IT, SI, LU, 
NL), including a global trafficking analysis platform, participation to Interpol Task force 
on  Human  Trafficking  and  use  of  24/7  database  to  share  information  and  intelligence 
relating to particular cases. 

5.3.5.  JOINT ACTIONS, JOINT INVESTIGATIONS   

The  Joint  Investigation  Teams  (JITs)  are  seen  by  practitioners  as  one  of  the  most 
effective  and  efficient  tools  for  addressing  the  crime  through  investigation  and  at  the 
judicial level  (e.g. SK,  BG,  LT,  LV, RO). Member States point out  the  added value of 
pre-trail investigations  using JITs, the efficiency of carrying out  parallel  investigations, 
the exchange of best practice and expertise and successful results leading to prosecutions 
and convictions. The use of JITs have provided benefits of rapid gathering of evidence by 
avoiding Mutual legal assistance and ensuring fast information exchange. Trafficking in 

142   According  to  this  principle,  a  person  cannot  be  prosecuted  more  than  once  for  the  same  criminal 

behaviour. 

75 

 
 
                                                      
human  beings  is  among  the  crime  areas  with  the  highest  number  of  established  Joint 
Investigations Teams. 

Eurojust provides supports for the establishment and the operations of Joint Investigation 
Teams as well as for the facilitation of the initiation of an investigation, clarification of 
the  requirements  for  admissibility  of  evidence,  and  funding,  including  for  travel, 
accommodation,  interpretation,  translation  costs  along  with  the  loan  of  certain 
equipment.  The  number  of  JITs  established  in  trafficking  in  human  beings  cases  and 
supported  by  Eurojust  has  markedly  increased  as  compared  to  the  previous  reporting 
period, supporting 118 JITs in trafficking in human beings cases in 2018-2019.  

Prosecuting the entire trafficking chain: Before registering the case at  Eurojust, only 
the  ‘lowest’  part  of  the  organised  crime  group  (OCG)  was  prosecuted.    If  a  case  is 
registered for Eurojust support, the Member State could request a co-ordination meeting 
with  other  countries  involved  and  suggest  the  possibility  of  a  JIT.  This  allows  the 
gathering  of  evidence  and  international  judicial  cooperation  in  view  of  dismantling  the 
entire organised crime group involved. 

National prosecutors participated to the European Network of National  Experts in Joint 
Investigation  Teams,  contributing  to  the  intensification  of  cooperation  and  the  increase 
use of JITs.  

Eurojust carried out evaluation of JITs and identified lessons from JITs in trafficking in 
human  beings  cases.  Issues  encountered  concern,  among  others,  the  differences  in  the 
formal requirements for setting up the JIT and in the legal systems with regard to rules on 
gathering  and  admissibility  of  evidence,  including  for  example  the  interception  of 
communications,  conflicts  of  jurisdictions.  The  context  of  BREXIT  creates  additional 
challenge for future cooperation. 

Many  Member  States  have  participated  in  JITs,  including  for  the  investigation  of 
trafficking in human beings and some have made extensive use of JITs, (e.g. RO, UK). 
Romania  has  participated  and  contributed  to  a  particularly  high  number  of  JITs  on 
trafficking  in  human  beings  in  the  past  years  and  cooperated  with  judicial  authorities 
from a number of EU member States through operational and coordination meetings on 
trafficking cases, often in partnership with the UK (19 JITs together) with other countries 
(UK,  ES,  CZ,  DE,  FR,  BG,  NL,  IT,  FI,  AT)  and  non-EU  countries  (e.g.  Norway, 
Ukraine, Moldova). Member States make regular use of networks and support provided 
by Europol, Eurojust and the European Judicial Network in particular with regard to the 
setting up of JITs.  

In one complex case registered at Eurojust during the reporting period, the Italian 
and Romanian national authorities brought down an organised crime group (OCG 
involved in trafficking for sexual exploitation143. 

143  http://www.eurojust.europa.eu/press/PressReleases/Pages/2019/2019-06-06.aspx  

76 

 
 
                                                      
To  target  the  OCG  more  efficiently,  the  National  Members  for  Italy  and  Romania  at 
Eurojust took  the initiative in  April 2018 and convinced the  Italian Public Prosecutor’s 
Office  of  Brescia  to  open  an  investigation  into  the  OCG  and  form  a  JIT  with  the 
Romanian competent authorities in Iaşi. The Italian National Anti-mafia Directorate was 
also  involved in  triggering the investigation. Eurojust supported the JIT financially  and 
logistically and held two coordination meetings at its premises in The Hague to further 
facilitate  the  judicial  cooperation  between  the  authorities  involved,  and  help  them 
advance their criminal investigations. In a joint action day, coordinated by Eurojust on 6 
June  2019,  8  suspects  were  placed  under  preventive  measures,  18  house  searches  were 
carried  out  and  more  than  EUR  70  000  in  assets  and  cash  were  seized.  Another  three 
people  were  deported  to  Romania.  It  was  the  first  time  that  two  National  Members  at 
Eurojust  submitted  to  the  Italian  and  Romanian  competent  authorities  a  formal  Joint 
Request that triggered the initiation of an investigation and the setting up of a joint 
investigation team. The members of the OCG, mainly composed of Romanian nationals, 
coerced  women  and  children  into  prostitution  in  Romania  and  later  on  in  Italy.  The 
victims typically stemmed from poor rural areas and precarious family backgrounds, and 
had a low level of education. The OCG members promised the victims lawful jobs and a 
better  future  in  Italy  and  occasionally  recruited  them  via  job  centres.  The  victims  were 
forced  to  pay  to  the  criminals  EUR  100  per  day,  and  an  additional  amount  for 
accommodation and transportation  

The  successful  outcome  of  the  operation  was  mainly  due  to  this  unique  Joint 
Request, which is based on the special powers granted to National Members by the 
Council Decision setting up Eurojust (which was replaced, since December 2019, by 
the Eurojust Regulation 2018/1727, while maintaining these special powers).   

Operational actions carried out under EMPACT in the area of trafficking in human 
beings  in  2019  resulted  in  825  arrests,  8  824  suspects  and  1307  potential  victims, 
including  69  children,  identified,  94  organized  crime  groups  (OCGs),  identified  or 
dismantled and EUR 1,5 million of assets frozen in bank accounts, companies and 
web domains144. 

Joint Action Days (JADs) are part of the operational activities planned in the framework 
of  EMPACT,  and  aimed  at  fighting  cross-border  crime.  The  vast  majority  of  Member 
States  participate  in  JADs  every  year,  and  several  EU  Agencies,  including  Europol, 
Frontex,  Eurojust,  participate  by  leading,  coordinating  or  providing  support  to  the 
planning and implementation of the JADs.  

A number of Member States reported participation in the Joint Action Days with a focus 
on combatting sexual  and labour exploitation  as  well as child trafficking  (e.g.  BE, DE, 
IE,  EL,  FI,  HR,  LT,  PT,  SE,  SK).  The  activities  conducted  during  the  action  days 

144  https://www.consilium.europa.eu/media/44281/information-note-empact.pdf; 

https://newsroom.consilium.europa.eu/videos/127612-empact-2019-results-20200602. 
full 
EMPACT factsheets of results 2019 are available here (data on the fight against trafficking in human 
beings  are  on  pages  6  &  7):  https://data.consilium.europa.eu/doc/document/ST-7623-2020-
INIT/en/pdf  

The 

77 

 
 
                                                      
resulted in searches of venues, arrests of suspects, ongoing investigations with relation to 
trafficking for sexual exploitation (e.g. Ireland), the involvement of a significant number 
of  labour  inspectors,  identification  of  potential  victims  of  trafficking  for  labour 
exploitation,  detection  and  disruption  of  organized  crime  groups  (OCG)  involved  in 
trafficking in human beings and high value targets.  

Europol  has  supported  in  2018-2019  a  number  of  joint  actions  carried  out  under 
EMPACT  across 
labour 
the  EU  against  sexual  exploitation,  child 
exploitation, including in the agricultural sector, forced begging and forced criminality. 
Such actions supported by Europol (AP Phoenix) in 2018-2019 resulted in in total in the 
initiation  of  335  cases,  identification  of  326  suspect,  the  arrest  of  220  suspects  for 
trafficking in human beings, identification of 2 010 victims, including 111 child victims 
of trafficking. 

trafficking, 

Large-scale Joint Action Days 2019145 

The  large-scale  joint  action  days  2019  coordinated  by  Europol  resulted  in  the 
identification of 476 potential victims of trafficking. The actions targeted synthetic drugs 
and  new  psychoactive  substances  and  trafficking  in  human  beings,  migrant  smuggling, 
document fraud and environmental crime and involved law enforcement authorities from 
EU Member States, third-party countries and EU bodies. Twenty-two Member States and 
Switzerland  participated  in  the  action  against  trafficking  in  human  beings  for  sexual 
exploitation and forced begging. 

Joint Action Days on child exploitation 2018146  

Law enforcement officers from 22 Member States, other European countries and partner 
agencies actively participated in an EMPACT THB action on child trafficking in an EU-
wide  action  week.  As  a  result  of  the  action  days,  51  children  and  72  adults  were 
identified as potential victims of trafficking. The youngest child was only two years old. 
The  children  were  exploited  for  labour,  forced  begging  and  sexual  purposes.  Several 
links to migrant smuggling and document forgery were also identified.  

National programs co-financed by the EU support projects for law enforcement to fight 
trafficking  in  human  beings.  Projects  selected  via  call  for  proposals  for  Union  grants 
fighting  trafficking  in  human  beings  where  law  enforcement  authorities  of  at  least  two 
Member States joint  action have been financed under the EU’s  Internal  Security  Fund-
Police (ISF-Police).  

ISF-Police-  Chinese  trafficking  in  human  beings147  with  EU  support  for  an 
estimated EUR 388 778, between August 2018- July 2020, with the National Police 
of Netherlands being the project coordinator:  

145   https://www.europol.europa.eu/newsroom/news/476-potential-victims-of-human-trafficking-

identified-during-large-scale-joint-action-days-2019 

146   https://www.europol.europa.eu/newsroom/news/empact-joint-action-days-generate-big-results-in-

2018 

78 

 
 
                                                      
“Trafficking  in  Human  Beings  (THB)  by  Chinese  organised  crime  groups  is  a  very 
serious  problem  in  Europe.  The  criminals  traffic  victims  of  the  same  nationality  or 
ethnic origin as the criminals, and therefore have strong links with communities in the 
transit  and  destination  countries.  These  communities  assist  the  crime  groups  by 
providing  forged  identifications  and  other  such  documentation,  thus  abusing  the  visa 
system. The criminal groups rely on shared ethnic and language backgrounds to recruit 
and control victims. In order to combat this, deep and meaningful cooperation between 
the  EU  Member  States  is  vital  in  order  to identify  and tackle this  phenomenon in  the 
EU. 

In order to fully combat this issue, it is important to understand the value of exchanging 
information,  knowledge  and  effective  intervention  strategies  while  examining  where 
operational  cooperation on investigations and prosecutions can take place. To achieve 
this, meetings  allow experts in  the field  to  develop checklists that help  to identify the 
key areas in which to focus the efforts and resources of the project. This will allow for a 
more refined and focused approach while, at the same time, building greater awareness 
of how the traffickers operate. In addition, identifying and supporting victims is crucial. 
To  better  understand  this  aspect,  the  project  has  entered  into  cooperation  with  the 
International Organization for Migration in China, which provides training in China on 
the fight against trafficking in human beings and on victim support. 

In order to achieve its goals, the project will involve a host of different partners. These 
partners  will  include  representatives  from  areas  such  as  the  labour  inspectorate, 
Financial  Intelligence  Units  and  the  judiciary.  The  Chinese  judiciary  (the  Supreme 
People’s  Procuratorate)  has  also  been  invited  to  take  part  and  it  is  hoped  that  their 
participation will add further to the sharing of knowledge and best practices, which in 
turn  will  benefit  the  project  immensely.  Through  cooperation  at  both  an  EU  and 
international level, this project will lead to more concrete results from activities such as 
investigations, and also build a picture of how the traffickers operate. The overall result 
will undoubtedly include greater awareness and understanding of trafficking in human 
beings.  This  will  allow  evidence-based  policies,  procedures  and  actions  to  be  put  in 
place that will help prevent this trafficking.” 

5.3.6.  USE OF LARGE SCALE DATABASES TO DETECT VICTIMS AND 

PERPETRATORS 

The  efficient  use  of  the  large-scale  IT  systems  operationally  managed  by  eu-LISA148  
provides  a  significant  contribution  to  combating  trafficking  in  human  beings  in  the 
Member States and Associated Countries. With the use of modern technologies eu-LISA 
assists  Member  States  in  improving  information  sharing  with  the  objective  of  reducing 

147   https://ec.europa.eu/home-affairs/sites/homeaffairs/files/03_compilation_isfp_just.pdf  

148   The European Union Agency for the Operational Management of Large-Scale IT Systems in the Area 

of Freedom, Security and Justice, see: https://www.eulisa.europa.eu/About-Us  

79 

 
 
 
                                                                                                                                                              
possibilities for trafficking in human beings. The large-scale IT systems managed by eu-
LISA,  namely  the  Schengen  Information  System  II,  Visa  Information  System  and 
Eurodac  are  vital  tools  and  have  increasingly  been  used  by  Member  States  to  combat 
trafficking in human beings. These systems help with the identification and localisation 
of  persons  (traffickers-victims-witnesses)  and  objects  (vehicles  –  boats-  containers  – 
travel document, etc) used in relation to trafficking of human beings. These same systems 
also help Member States and policy makers with the implementation of justice and home 
affairs  policies  and  strategies  in  the  fight  against  serious  organised  crime  including 
trafficking in human beings. 

The  latest  statistics  demonstrate  clearly  the  increased  use  and  added  value  of  the 
large scale IT-systems managed by eu-LISA. To illustrate, for example, the number of 
alerts  in  the  Schengen  Information  System  (SIS  II)  reached  91  million  (including 
983.124 alerts on persons) in 2019 and the number of hits, during the same year reached 
to  283.713  (respectively  61%  increase  and  120%  increase  in  comparison  to  year  2014 
(first year where full statistical reports have been made available). The number of queries 
in  SIS  II  increased  from  1  038  155  832  in  2014  to  6  637  534  808  in  2019.    A  similar 
trend can be also witnessed in relation to the other systems, for example, the number of 
visa applications stored in the VIS system reached the 77 million and the total number of 
fingerprint sets stored in the EURODAC system reached the 5,7 million (110% increase 
in comparison to 2014).  

the  Commission  and  eu-LISA  are  currently  working  on 

The  Schengen  Information  System  (SIS  II)  enables  the  access  of  alerts  by  the 
designated competent authorities of all Member States, including alerts on traffickers in 
human beings. The Schengen Information Systems also protects victims of trafficking, in 
particular by locating women and children who go missing as a result of trafficking. The 
Member  States, 
the 
implementation  of  the  novelties  introduced  by  the  SIS  recast  (Regulation  (EU) 
2018/1862149) which, amongst others, foresee the creation of a new type of alerts, the so-
called  ‘preventive  alerts’,  which  can  be  entered  into  the  system  to  prevent  vulnerable 
children/  adults  from  travelling,  when  there  is  a  risk  of  becoming  possible  victims  of 
trafficking in human beings or certain other serious crimes (e.g., gender based violence). 
The  identification  of  possible  criminals  as  well  as  victims  of  trafficking  is  made  more 
efficient with the use of biometrics, a functionality provided by the Central System and 
used  by  an  increasing  number  of  Member  States.  Cross-border  cooperation  is  also 
essential for victims of trafficking and, in this regard, SIS II and subsequent exchange of 
supplementary  information  via  the  SIRENE  Bureaux  play  a  major  role  in  the  cross-
border exchange of information on missing persons (including victims of trafficking) and 
on  persons  wanted  for  arrest  for  surrender,  for  localisation,  to  assist  with  judicial 
procedures or for discreet/specific checks. Eu-LISA is responsible for providing statistics 
on  those  particular  categories  of  alerts,  which  could  be  further  used  by  the  relevant 
authorities to prepare analytical reports, risk indicators and define trends, supporting the 
decision-making  process  when  it  comes  to  the  prevention  and  fighting  trafficking  in 
human beings. 

149   OJ L 312, 7.12.2018, p. 56. 

80 

 
 
                                                      
The  Visa  Information  System  (VIS)  managed  by  eu-LISA,  contributes  to  ensure  the 
functioning  of  the  EU  Common  Visa  Policy,  preventing  visa-shopping  and  supporting 
the  fight  against  irregular  migration,  as  well  as  the  misuse  of  the  visa  system  in  the 
Schengen area in  general.  Through the processing of visa applications it is  possible for 
national  authorities  to  also  identify  perpetrators  of  crime,  including  in  the  field  of 
trafficking  in  human  beings.  The  VIS  also  improves  the  consultation  between  central 
authorities and the verification and identification of applicants  at  consulates and border 
crossing points.  

Certain large-scale systems  may contribute to the identification of potential victim 
of  trafficking  or  person  at  risk  of  becoming  victims  of  trafficking.  The  Eurodac 
system supports the processing of asylum applications of third country nationals and can 
also,  indirectly,  contribute  to  the  identification  of  persons  who  may  be  suspected  of 
having committed a crime.  

Eu-LISA  is  in  the  process  of  developing  new  Large-Scale  IT  systems,  which  will 
contribute to enhance the protection of the EU external borders and is implementing the 
new  Interoperability  Architecture,  for  information  exchange,  which  will  cover  the 
existing  and  the  new  large-scale  IT  systems  still  under  development.  The  Entry/Exit 
System  (EES)  and  the  European  Travel  Information  and  Authorisation  System 
(ETIAS)  will  contribute  to  the  identification  of  third  country  nationals  entering  the 
Schengen area and to check the legality of their stay (or provide the visa exempt Third 
Country  Nationals  an  authorisation  to  Travel  in  the  case  of  ETIAS).  The  future 
Entry/Exit System will contribute to the identification of any third country national (visa 
exempt/or  visa  holder)  who  does  not  fulfil/or  no  longer  fulfils  the  conditions  of 
authorised stay on the territory of the Member States. The European Criminal Records 
Information  System  on  Third  Country  Nationals  (ECRIS-TCN)  will  facilitate  the 
information sharing on criminal records and court judgements of third country nationals 
and  stateless  persons  in  EU  Member  States  but  also  of  citizens  of  the  Union,  only  in 
cases where the person also holds the nationality of a third country.  

Eu-LISA is also working towards the technical implementation and development of the 
new  information  architecture  for  border  management  and  internal  security 
(Interoperability), which will provide for a  platform  enabling interoperability between 
the  existing  and  future  IT  systems,  in  order  to  facilitate  the  work  of  border,  migration, 
asylum  and  law  enforcement  authorities,  based  on  strict  data  protection  principles  and 
access controls. Interoperability will increase the efficiency on the use of existing data in 
the IT systems, transforming existing data in concrete information and giving access to 
that  information  to  the  relevant  officers  on  the  ground  where  and  when  is  needed.  The 
new  interoperability  architecture  will  set  up  additional  tools  and  safeguards  against 
trafficking in  human beings, identity theft  and to prevent  criminals  to  hide behind  fake 
identities. The new interoperability components that are being developed, especially the 
Common Identity Repository (CIR)and the MID (Multiple Identity Detector), will play a 
key  role  in  terms  of  Identity  Management,  allowing  for  better  identification  of  persons 
(who  can  be,  among  others,  perpetrators  or  victims  of  trafficking  related  crimes),  via 
cross-checking of the available data in the various large-scale IT systems. 

81 

 
 
5.3.7.  AWARENESS RAISING AND TRAINING 

The  EU  Anti-trafficking  Directive  lays  down  in  article  18  obligations  for  the  Member 
States  to  take  appropriate  measures  and  actions  in  the  field  of  prevention,  including 
information and awareness- raising campaigns, research and education programmes, and 
to  promote  regular  training  for  officials  likely  to  come  into  contact  with  victims  or 
potential victims of trafficking in human beings, including front-line police officers. 

In  the  reporting  period  2017-2019,  national  authorities    have  carried  our  very  diverse 
information  and  awareness  campaigns  and  trainings  in  partnership  with  governmental 
and  non-governmental  organisations  or  representatives  of  the  private  sector,  with 
international organisations on national and local  level and also across borders, in urban 
and rural environment, with EU agencies (e.g. CEPOL, Frontex, EASO, Europol, FRA) 
and with the involvement of international organisations, or with partner countries outside 
the EU. Many reported on commemorating the EU Anti-trafficking day (18 October) and 
on  joining  the  European  Crime  Prevention  Network  (EUCPN)  campaign  on  victims’ 
rights. 

Member  States  have  reported  on  a  wide  range  of  training  activities  organised  for 
practitioners  dealing  with  the  crime  from  different  professional  fields.  Trainings  on 
trafficking in human beings regularly take place in the Member States for police officers, 
investigators,  prosecutors  and  judges.  In  some  Member  States,  such  training  is 
provided at national level to frontline police officers who may be exposed to trafficking 
in human beings in their daily work (e.g. NL) and others note that the vast majority of the 
law  enforcement  staff  involved  in  the  areas  related  with  trafficking  has  received 
specialised  training  (e.g.  ES).  However,  more  time  may  be  needed  until  front-line 
officers are extensively trained in the area of trafficking in human beings across the EU. 

A number of seminar and trainings have been organised for prosecutors and judges in the 
Member States, including through the EJTN on specific aspects of trafficking in human 
beings,  including,  financial  investigation,  non-prosecution  of  victims,  victims’  rights  to 
assistance  and  compensation,  support  to  victims  during  criminal  proceedings,  forensic 
and legal aspects of trafficking in human beings (e.g. BE, FR, FI, HU, PL, RO as well as 
the UK). In France, trafficking in human beings contact points have been designated in 
the  respective  Prosecutor’s  Offices  by  the  Inter-regional  specialised  jurisdictions.  A 
dedicated seminar was organised in 2019 between the THB contact points in France and 
Romanian  magistrates  and  investigation  services  for  exchanges  on  the  trafficking  in 
human beings litigation characteristics in FR and RO and judicial cooperation tools. 

Campaigns,  training  and  information  sessions  covered  a  wide-range  of  topics.  As 
example,  these  included  the  definition  of  the  criminal  offences,  forms  of  exploitation, 
identifying victims in the context of asylum and in mixed migration flows (e.g. AT, EL); 
communication  with  victims,  cultural  awareness,  legal  framework  (victims’  rights, 
procedures,  identification,  etc.);  trafficking  for  sexual  exploitation  and  gender-based 
violence  (e.g.  SE),  the  criminalisation  of  the  purchase  of  sex  (e.g.  IE);  trafficking  for 
labour exploitation (e.g. SE), information for citizens going abroad for work (e.g. PL) or 
for young people (e.g. CZ), risk of working abroad as an au pair girl (e.g. CZ); trafficking 
for forced labour or for forced begging; targeting persons vulnerable to trafficking with 

82 

 
 
information  about  their  rights  and  contact  points  to  prevent  becoming  a  victim  of 
trafficking  (e.g.  AT),  migrant  agricultural  and  harvest  workers  (e.g.  AT);  on 
compensation to victim; training to police officers on compensation to victims (e.g. LU); 
child trafficking (e.g. AT, NL, DE, SE) and foreign children in foster custody (e.g. PL); 
unaccompanied children (e.g. EL).; using innovative technologies (e.g. LU); on residence 
rights of victim of trafficking (e.g. FR); strengthening procedures and the understanding 
of the risk groups, forms of exploitation leading to more victims being identified (signs 
of  possibly  being  trafficked)  and  referred  to  support  and  care  (e.g.  DK);  grooming  by 
lover boys (e.g. NL, BE, DE); countering trafficking in holyday parks (e.g. NL). Training 
courses  also  covered  topics  such  as  the  cultural  backgrounds  of  victims,  the  rights  of 
victims,  the  protection  of  victims,  indicators/identification  of  trafficking  in  human 
beings,  existing  support structures  and  the  assistance  they  offer,  as  well  as  the  topic  of 
trauma for victims (e.g. DE); cyber investigations; focusing on reducing the vulnerability 
to trafficking, on discouraging and reducing the demand that drives trafficking in human 
beings; prevention; prostitution (e.g. SE). 

The  majority  of  Member  States  report  on  training  activities  on  trafficking  in  human 
beings addressed to labour inspectors (e.g. AT, BE, CZ, FR, EL, EE, LT, LU, LV, PT, 
RO, SE, SI). In some countries, trafficking in human beings is integrated in the induction 
training for labour inspectors (e.g. AT, FR). In addition, trainings on trafficking in human 
beings have been organised in a number of Member States for  border guards (FI, EE, 
HR,  LV,  PL,  RO,  SE),  practitioners  and  front-line  officers  in  services  dealing  with 
asylum, refugees, youth welfare and child protection services (e.g. BE, DE, FR, LT), 
including municipality employees (e.g. EL, LT, LV, LU, NL), diplomatic and consular 
personnel (e.g. AT, BG, RO, EL, SI, HR, HU, LT, LV, PL), psychologists (e.g. HU, EL, 
LT, CY) and medical professionals (e.g. EL, NL, LT, LU, LV, RO) as well as social and 
housing  inspectors  (e.g.  BE),  religious  communities  (e.g.  EL)  and  marginalised  Roma 
communities  (e.g. SK). In the field  of migration, training and educational  programmes 
addressing victim identification and referral have been carried out for staff in reception 
centres, migration agencies and immigration services, and migration police (e.g. FI, EL, 
SK). This type of measures in the migration context was also implemented in schools and 
the education sector (e.g. in AT, NL, SI), for embassy and consular staff (e.g. DE, PL), 
social  and  health  care  professionals  (e.g.  IE),  local  governmental  officials  (e.g.  LV), 
young people (FR), and sometimes involving the media, including at the local level.  

Sectors  targeted  by  awareness  raising  actions  included,  among  others,  the  private 
sector,  construction,  agriculture,  sex  business,  public-private  domain,  banking 
sector, health and medical sector, education facilities. 

In  a  number  of  Member  States,  training  activities  and  seminars  have  focused  on  child 
victims  and  child  trafficking,  including  in  relation  to  unaccompanied  minors,  victim 
identification,  child  protection  at  border  and  have  facilitated  building  knowledge  on 
trafficking in human beings for police and prosecutors, practitioners from service dealing 
with youth and child protection as well as adoption services (e.g. BE, DK, LT, LV). The 
youth  welfare  office  in  Germany  has  organised  a  first  national  training  addressing  the 
exploitation of children.  

83 

 
 
In  some  Member  States,  specialised  trainings  addressing  sexual  exploitation  and 
prostitution  have  been  organised  targeting  police  officers,  investigators,  prosecutors  or 
judges (e.g. AT, DE, FR, LT, IE). In Sweden, special action weeks against trafficking for 
sexual exploitation and have been organised by the police and intelligence units, focusing 
on  sexual  abuse  of  children,  mostly  girls,  linked  to  “sugar  dating”  and  resulting  in  the 
initiation  of  several  investigations  of  cases  of  sexual  exploitation.  CEPOL  delivered  a 
specialised  residential  training  in  2018  on  identification  of  child  victims  of  sexual 
exploitation. 

Very  few  Member  States  report  on  training  activities  in  relation  to  new  information 
technologies,  while  noting  a  widespread  use  of  new  technologies  by  traffickers  for  the 
purpose of recruitment and exploitation of victims. Slovakia reports a training organised 
with  cybercrime  police  officers  on  the  topic  of  trafficking  in  human  beings  and  the 
Darknet. In Greece, webinars regarding the Internet as enabler of human trafficking and 
in  online  courses  on  cyber-investigation  for  detection  and  identification  of  criminal 
activities  on  the  Internet  in  the  area  of  human  trafficking.  CEPOL  delivered  in  the 
reporting period relevant webinars on trafficking in human beings and the Internet as an 
enabler and on cyber investigation. 

Cyprus  reports  that  in  most  cases  of  trafficking  in  human  beings,  an  open  source 
investigation  is  taking  place  and  electronic  devices  are  confiscated  and  forensically 
examined  with  court  orders  allowing  access  to  private  communication.  Luxembourg 
points to  specific challenges to  investigations  related to  the use of new technology and 
the  internet,  notably  the  issue  of  gathering  digital  evidence  due  to  its  sometimes-short 
availability online and difficulties in cross-border access to electronic evidence that may 
hamper the effectiveness of investigations and prosecutions.  

Some new initiatives for multi-stakeholder and innovative training have been carried out 
in some Member States (e.g. FR), such as in the form of ‘serious game’, simulations and 
role  playing  addressing  the  cycle  from  the  beginning  of  the  investigation  to  the  victim 
protection and involving multiple actors, including magistrates, social workers and other. 

Member  States  report  participating  in  training  modules  and  using  training  tools 
developed by the EU Agencies, such as CEPOL, EASO, Frontex (e.g. DE, HU, LV, DE, 
LT, IE, LU), including on topics related to child protection at borders.  

In  line  with  its  mandate,  CEPOL  has  carried  out  in  the  reporting  period  a  series  of 
learning activities addressing trafficking in all forms of exploitation, including on topics 
related  to  child  trafficking,  labour  exploitation,  financial  investigations,  and  cyber 
investigation. Other EU agencies, such as Frontex and Europol, regularly contribute with 
expertise  to  such  initiatives.  In  addition  to  training  delivered  within  the  trafficking 
portfolio, CEPOL has dedicated training activities on information sharing, including with 
technology,  proactive  financial  and  intelligence-led  investigations,  asset  recovery, 
freezing and confiscation of assets, implementing and developing large-scale IT systems 
and  leveraging  systems  interoperability.  A  webinar  focusing  on  “Gender-specific 
measures  in  anti-trafficking  actions”  organised  by  CEPOL  and  EIGE  with  the 
participation of the Commission has been delivered on 17 June 2020. In November 2019 
and  April  2020,  the  European  Commission  has  participated  to  CEPOL’s    Operational 

84 

 
 
Training  Needs  Analysis  on  Trafficking  in  Human  Beings.  On  17  September  2018,  in 
CEPOL headquarters (Budapest, Hungary), the European Commission participated on a 
training  course  with  the  title  "Trafficking  in  human  beings  for  labour  exploitation- 
Understanding  the  EU  legal  and  policy  framework"  held  for  participants  from  police, 
prosecution and border guards of Member States.  

EASO has developed the training module “Trafficking in Human Beings” following the 
methodology  of  train-the-trainers  and  in  addition,  has  mainstreamed  issues  related  to 
trafficking in other modules, such as on Registration, Interviewing Vulnerable Persons or 
Reception  of  Vulnerable  Persons.  EASO  has  developed  also  Training  Module  on 
Interviewing children and on Gender Identity and Sexual Orientation and has continued 
delivering training on identification of victims of trafficking, trafficking in human beings 
indicators.  

The  EU  Fundamental  Rights  Agency  (FRA)  participated  in  five  training  sessions  on 
trafficking  in  human  beings  jointly  organised  by  the  Greek  National  Centre  for  Social 
Solidarity, the Norwegian Refugee Council’s global provider of expertise and the Office 
of  the  National  Rapporteur  on  Trafficking.  The  main  objective  of  the  trainings  was  to 
inform stakeholders working in the hotspot about the standard operating procedures for 
the implementation of the National Referral Mechanisms (NRM), which were launched 
at the beginning of 2019 and include steps for the identification of victims of trafficking 
in the hotspots. The Agency organised also awareness raising workshops on fundamental 
rights for the staff of selected reception facilities in Spain with sessions on trafficking in 
human beings and identification of vulnerabilities. 

Frontex is carrying out multidisciplinary training activities related to trafficking in human 
beings and contributes to related trafficking training activities organised by different EU 
agencies.  Tailored  fundamental  rights  related  modules  offering  adequate  considerations 
on trafficking in human beings have been embedded in all profile related specialisation-
training  courses  in  Frontex.  Frontex  has  published  course  manuals  for  Frontex 
fundamental  rights  trainers  and  on  the  protection  of  children  at  borders  providing 
comprehensive  and  operational  guidelines  on  protection  of  the  rights  of  all  migrants 
during the border procedures, including the victims of trafficking and providing support 
to trainers for an in-depth analysis of risks faced by children at borders and the applicable 
counter-measures.  Gender-related  aspects  have  been  comprehensively  mainstreamed 
throughout both manuals. 

Member  States  reported  various  means  to  measure  the  results  and  impact  of 
trainings  and  information  actions.  These  included  for  example:  the  number  of 
participants  and  diversity  of  participants  (NGOs,  diplomatic  staff,  international 
organisations) on public events; increased traffic on websites; measuring the number of 
residents  and  guests  to  whom  information  about  an  awareness  raising  campaigns  has 
reached; counting numbers of participants in workshops of job clubs for people looking 
for jobs and being informed about possible threats encountered. 

Few Member States provided examples as to the results and impact of the information 
actions.  Bulgaria  reported  that  in  the  case  of  EMPACT-THB  operations,  persons 
corresponding  to  the  risk  profile  of  potential  victims  were  checked,  a  number  of 

85 

 
 
companies  recruiting  citizens  for  employment  abroad  were  inspected,  information 
brochures  and  materials  were  distributed  to  people  crossing  border  checkpoints,  and 
interviews  were  conducted  with  them.  Finland  noted  that  the  Assistance  System  for 
Victims  of  Human  Trafficking  has  trained  during  2017-2019,  independently  and  in 
cooperation  with  an  NGO,  municipal  social  workers  to  identify,  refer  and  to  assist 
victims  and  potential  victims  of  human  trafficking.  No  systematic  evaluation  of  the 
results and impact of these trainings has been made. In the Assistance System’s day-to-
day  work,  the  impact  of  the  trainings  has  reflected  better  cooperation  with  the 
municipalities (local social workers) in assisting victims of human trafficking. However, 
referrals  from  the  municipalities  have  not  significantly  increased  and  this  remains  a 
challenge.  Sweden  noted  that  the  Swedish  Police  Authority  has  been  conducting 
campaigns focused on working with several major hotel chains, and as part of this work 
has conducted training for hotel staff. Since the campaign commenced, there has been a 
gradual  shift  from  organised  prostitution  activities  taking  place  in  hotels  to  sublet 
residential flats, especially in the major metropolitan areas. It is likely that the increased 
knowledge of hotel staff, the cooperation between the police and the hotel industry, along 
with  successful  interventions,  have  contributed  to  this  noticeable  shift  in  venues  for 
prostitution activities. 

6.  ACCESS TO AND REALISATION OF RIGHTS OF VICTIMS 

One of the priorities set forth in the 2017 Communication is to ‘provide better access to 
and realise the rights for victims’. EU law provides for assistance, support and protection 
to  victims  of  trafficking  in  human  beings  under  diverse  pieces  of  EU  legislation, 
including  the  Anti-trafficking  Directive,  Directive  2004/81/EC  on  Residence  permits, 
Directive  2012/29/EU  on  Victims’  Rights150  and  the  Compensation  Directive151.  Many 
developments have been reported by Member States together with concerns in enabling 
victims of trafficking in human beings to access to and realize their rights to assistance, 
support and protection, including in the cross-border context. 

The EU strategy on victims' rights (2020-2025)152: 

“Particular attention should  be also  paid  to  victims  of organised crime.  Trafficking  in 
human beings is a particular form of organised crime. It has devastating effects on the 
victims  due  to  the  nature,  circumstances,  duration  and  consequences  of  the  crime. 
Victims of trafficking in human beings need special assistance, support and protection. 
In the EU, almost half of the victims of trafficking in human beings registered are EU 
citizens, the majority of all victims are women and girls, who are trafficked mainly for 
sexual  exploitation.  The  EU  addresses  trafficking  in  human  beings  comprehensively 
through  coordination  in  all  relevant  areas  and  as  a  joint  effort  with  stakeholders.  In 

150   Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing 
minimum standards on the rights, support and protection of victims of crime, and replacing Council 
Framework Decision 2001/220/JHA, OJ L 315, 14.11.2012, p. 57. 

151  Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims, OJ L 261, 

6.8.2004, p. 15. 

152   COM(2020) 258 final, https://ec.europa.eu/info/files/eu-strategy-victims-rights-2020-2025_en  

86 

 
 
                                                      
particular,  the  Commission  is  working  on  a  new  strategic  approach  towards  the 
eradication  of  trafficking  in  human  beings  as  part  of  the  Security  Union.  The  actions 
towards the eradication of trafficking in human beings will be also further developed in 
the context of the upcoming initiatives to tackle organised crime.”  

Member States were request, among others, to report on 1) the efforts made to ensure that 
all victims identified are provided with assistance, support and protection appropriate to 
their sex, age and the consequences of the specific forms of exploitation they have been 
subjected to; 2) on the measures taken for the early identification of victims of trafficking 
through  national  referral  systems,  including  asylum  systems;  3)  measures  have  been 
taken  to  ensure  tools  are  in  place  for  victims  to  access  compensation,  including 
appropriate training and capacity building of relevant professionals. 

6.1. IDENTIFICATION OF VICTIMS OF TRAFFICKING IN HUMAN BEINGS TO ENABLE 

ACCESSING THEIR RIGHTS 

Identifying victims of trafficking in human beings efficiently and at an early stage is the 
first  step  towards  making  sure  they  are  treated  as  rights  holders,  have  access  to  their 
rights  and  can  exercise  them  effectively.  This  includes  receiving  appropriate  gender 
specific and child sensitive assistance and protection, as relevant. 

Several Member States report on capacity building and training, as well as developing of 
guidance, in order to improve the capacity of professionals to identify and refer victims 
of  trafficking  in  human  beings,  including  in  asylum  and  international  protection 
procedures  and  prostitution  (e.g.  AT,  DE,  EE,  EL,  LT,  LU,  MT,  SE,  UK).  More 
specifically, Cyprus mentions the training of clinical psychologists of the Mental Health 
Services  who  offer  services  at  the  Reception  Centers  for  Refugees  and  Economic 
Immigrants  and  International  Asylum  Seekers  in  early  identification  and  psychological 
support of victims  of trafficking. The psychologists offer their services and support the 
victims to report their victimization to the police. 

France  highlights  the  need  to  improve  assistance  to  victims  within  the  structures 
providing assistance in terms of delays, proximity, financial support, as well as regarding 
the granting of social benefits from the State. One of the priorities of the Second National 
Action Plan is to implement coordination bodies at the local level in territories that are 
particularly  affected  by  trafficking  in  human  beings,  including  through  the  creation  of 
partnership agreements between all relevant stakeholders in the fight against trafficking. 
The objective is to facilitate the identification of victims through sharing of information, 
organising their protection and assistance and support. 

Some trainings organised at the national level focus on measures during the interviewing 
process in the asylum procedures, including taking into account the vulnerabilities of the 
applicants (e.g. LU, SI).  

EASO  has  developed  tools  for  the  identification  of  victims  of  trafficking  in  human 
beings (IPSN) and continues to deliver training on how to identify victims of trafficking 
as  part  of  the  permanent  support  as  well  as  in  the  operational  context.  EASO  has 
developed a series of indicators to facilitate the identification, and targeting the specific 
needs of experts from the Member States that will be deployed, for interpreters, and for 
Italian and Greek authorities. 

87 

 
 
EASO continues to report Nigeria and Libya as countries of particular concern where the 
trafficking  networks  are  known  to  operate.  More  specifically,  EASO  highlights  the 
situation  in  Libya  where  exploitation  takes  place  in  a  massive  scale.  The  reference  to 
transit countries where the traffickers actively operate is flagged as an indicator in EASO 
identification  tools  and  operational  trainings.  The  4th  EASO  Annual  Conference  on 
Trafficking in Human Beings and International Protection, in 2017, devoted the sessions 
to two relevant topics: Libya as country of transit where the trafficking in human beings 
networks are particularly active, and forced marriage as a potential form of trafficking. 

In its Annual Report on the Situation of Asylum in the EU 2018153, EASO reports that 
training for reception staff seems to have been organised mainly on the working methods 
the  reception  of 
with  vulnerable  applicants.  Employees  received 
unaccompanied minors (UAMs) for example in Belgium, Croatia, Czechia, Italy and UK, 
and  trainings  were  organised  on  the  identification  and  reception  of  victims  of  human 
trafficking for example in Finland, Hungary and the Netherlands. 

training  on 

The  EASO  Report  on  asylum  procedures  for  children154  provides  information  on  the 
assessment carried out by the Member States of the situation of married children in the 
EU: “Most of the respondents (BE, BG, DE, DK, EE, EL, ES, FI, FR, HU, IE, IT, NL 
(for  reception),  NO,  PL,  SE  and  SK)  carry  out  an  assessment  of  the  potential  risk 
situation  of  the  married  child  (…)  The  vulnerability  of  the  child  (BE),  and  risk  of 
being  a  victim  of  trafficking  in  human  beings,  smuggling,  exploitation  or  sexual 
abuse  are  the  factors  the  EU+  States  pay  attention  to  when  carrying  the 
assessment.” 

Several awareness-raising measures are mentioned by the Member States, addressing the 
risks of trafficking in human beings and improving the identification of victims amongst 
vulnerable  migrants,  such  as  international  protection  applicants  or  unaccompanied 
children.  These  include  events  allowing  for  professionals  in  the  area  of  trafficking  and 
immigration  to  exchange  and  develop  concrete  solutions,  preparation  of  prevention 
material, awareness raising sessions with, and provision of information to, migrants and 
asylum  seekers,  and  education  or  prevention  measures  targeting  high-risk  groups  (e.g. 
BE, BG, HU, LT, LV, NL, RO, SE).  

Cooperation  between  national  authorities  and  civil  society  organisations  in  identifying 
and  referring  victims  of  trafficking  in  human  beings  is  mentioned  by  several  Member 
States (e.g. DK, FI, FR, LU).  

EASO reports on several factors, which are likely to impair a victim’s ability to present 
and  substantiate  an  application  for international  protection  or  asylum  status.  These 
include the lack of identification of applicants as victims of trafficking or at risk of being 
exploited; ineffective referral mechanism to provide adequate support to the victims; the 
unavailability  of  places  in  dedicated  reception/protection  centres  which  may  hinder  the 

153   European Asylum Support Office, Annual Report on the Situation of Asylum in the European Union 

2018. 

154   EASO Report on asylum procedures for children, EASO Practical Guide Series, 2019. 

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identification  and  the  protection  of  the  victims;  victims  are  sometimes  directed  to  the 
national  mechanism  for  victims  of  trafficking  without  exploring  the  international 
protection needs of the victim and therefore their refugee status may not be recognised; 
victims, including children do not identify themselves as ‘victims’. 

A  number  of  Member  States  reported  measures  focused  on  the  identification  and 
assistance  to  victims  of  trafficking  in  human  beings  amongst  asylum  seekers,  such  as 
training, adoption and amendments of internal guidance (e.g. BG, BE, HU, SE).  

Bulgaria  reports  on  the  updating  in  2018  of  the  Standard  Operating  Procedures  for 
Preventing  and  Responding  to  Sexual  and  Gender-Based  Violence,  which  were 
developed  in  2008  by  the  State  Agency  for  Refugees  (SAR)  in  cooperation  with  the 
United  Nations  High  Commissioner  for  Refugees  (UNHCR).  The  procedures  target 
foreigners  seeking  international  protection  accommodated  in  SAR  territorial  units,  and 
aimed  at  the  identification  and  swift  referral  by  the  SAR  employees  of  victims  of 
violence.  The  mechanism  includes  a  specific  procedure  addressing  the  identification  of 
children  at  risk  and/or  victims  of  violence,  and  involving  child  protection  authorities, 
social  assistance  agency  and  the  police.  The  National  Commission  for  Combating 
Trafficking in Human Beings is alerted of the referral. In the period 2015-2018, the SAR 
had isolated cases of victims of trafficking. The potential victims of trafficking identified 
were referred to organisations providing services for victims of trafficking and included 
in  the  National  Referral  and  Support  Mechanism  for  Victims  of  Trafficking  in  Human 
Beings in Bulgaria. They were placed at a Crisis Centre and another specialised service. 

During  the reporting period  in  Finland, all  case  officers of the Asylum  Unit  of Finnish 
Immigration  Service  have  received  training  and  guidance  on  addressing  trafficking  in 
asylum cases,  as  well as training and  guidance on gender-based violence, and forms  of 
violence against women and girls, which includes sexual exploitation, in order to better 
identify  these  phenomena  and  refer  victims  of  human  trafficking  to  the  National 
Assistance  System  for  Victims  of  Human  Trafficking.  The  Assistance  System  received 
25 referrals  from  the Asylum  Unit  in  2017, whilst  the number of referrals in  2019 was 
64.  

Educating  and  raising  awareness  amongst  professionals  who  are  likely  to  come  into 
contact  with  victims  of  trafficking  in  human  beings  in  the  context  of  international 
migration  is  also  referred  to  by  several  Member  States  as  a  measure  to  identify  and 
provide  assistance  and  support  to  victims  (e.g.  CZ,  EE,  SI).  Awareness  raising  and 
information  measures  also  targeted  amongst  international  protection  applicants  and 
asylum seekers (e.g. SI).  

Measures  specifically  addressing  the  identification  of  child  victims  of  trafficking  in 
human beings in the migration context were also reported. In Sweden, in June 2019, the 
Migration Agency published a new manual for how to guarantee the best interest of the 
child  in  migration  cases.  The  manual  describes  how  to  handle  a  case  in  a  way  that  is 
adapted  to  the  needs,  experiences  and  rights  of  a  child,  and  includes  a  list  of  key 
indicators.  Such  indicator  lists  are  important  tools  for  the  caseworkers,  as  most  child 
victims  are  not  able  to  talk  about  their  experiences  of  violence  and  vulnerability 
spontaneously.  

89 

 
 
Greece reported procedures implemented in the Reception and Identification Centres 
(hotspots), especially addressed to women and children who were subjected to any form 
of  violence  or  harassment,  including  trafficking  in  human  beings.  Under  these 
procedures,  they  can  contact  the  appointed  focal  points  employees  for  gender-based 
violence or any form of sexual violence at the Reception and Identification Centre. The 
administration  contacts  the  psychosocial  support  unit  and  the  police  when  and  if 
necessary. 

Organisation  of  capacity  building  and  training  courses  for  first-line  identifiers, 
taking  into  account  patterns  such  as  the  disproportionate  targeting  of women  and 
girls trafficked for the purpose of sexual exploitation 

The  Greek  National  Referral  Mechanisms  (NRM)  has  organised  capacity  building  and 
training  courses  for  first-line  identifiers,  taking  into  account  patterns  such  as  the 
disproportionate  targeting  of  women  and  girls  trafficked  for  the  purpose  of  sexual 
exploitation.  The  above  courses  take  place  specifically  in  areas  where  there  is  a  high 
number of women and unaccompanied minors among migrants and refugees in order to 
increase awareness of human trafficking identifiers and to provide them with information 
on  the  legal  framework  and  the  reporting  procedures.  After  the  official  launch  of  the 
NRM, these trainings took place in the Aegean islands and in the mainland during 2019. 
More specifically, NRM team delivered during 2019 seven 3-day interagency seminars to 
first-line  professionals  of  public  authorities  (police  officers,  coast  guard,  labour 
inspectors, social workers from municipalities, hospitals etc.) and of civil society actors, 
in the islands of Samos, Lesvos, Kos, Leros, Chios and Rhodes, as well as in Orestiada, 
close to northern borders. The NRM has also delivered two 2-day trainings to 52 asylum 
service officers in total, in Athens and in Thessaloniki. 

Member States report on targeted training for law enforcement authorities working at the 
borders  (e.g.  HR,  LV,  RO),  consular  officials  (e.g.  LT,  SE)  and  immigration  officials 
(e.g.  RO,  SE).  In  Sweden,  the  Gender  Equality  Agency  provides  capacity  training  on 
trafficking in children for social services agencies, the Migration Agency, special victim 
representatives,  staff  at  residential  care  homes,  and  for  civil  society  organisations.  The 
trainings focus on theoretical and practical exercises for professionals on how to use the 
Swedish Gender Equality Agency’s manual on suspected trafficking in human beings. 

Lithuania  reports  that,  as  a  result  of  targeted  training,  as  well  as  the  appointment  an 
Ambassador-at-large  by  the  Ministry  of  Foreign  Affairs,  whose  role  is  to  coordinate 
issues related to trafficking in human beings in diplomatic representations and consular 
posts, the number of identified victims by consular officials has increased, and consular 
assistance was provided to them, including material assistance for Lithuanian citizens to 
return to Lithuania. 

Project 
unaccompanied minors’  

‘A  strengthened  effort 

to  screen 

for  human 

trafficking  among 

Denmark  reports  on  the  implementation  of  a  project  with  funding  allocated  by  the 
Ministry  of  Equal  Opportunities,  in  cooperation  with  the  Red  Cross,  which  aims  at 
identifying  and  supporting  unaccompanied  minors  in  the  asylum  system  who  are 

90 

 
 
potential victims of trafficking. During the reporting period tools have been developed 
to implement interviews with the purpose of screening all children and youth under the 
auspices of the Red Cross for indicators of human trafficking. An e-learning tool has also 
been implemented. As a result of the project all minors in the asylum system, are being 
screened for signs off human trafficking upon arrival. The screening is based on a digital 
tool,  developed  specifically  to  this  purpose  by  the  Red  Cross.  All  staff  members  are 
trained in using the tool, and know how to react if they recognise signs. Staff members 
are  also  trained  in  dialogue  and  other  techniques,  so  they  are  able  to  make  an 
immediately  assessment  and  refer  the  minor  for  a  further  identification.  Red  Cross  has 
developed  an  e-learning  tool  on  trafficking  in  human  beings  and  a  play  that  gives 
professional and staffs the opportunity to discuss cases and indicators.  

Greece  carried  out  a  number  of  initiatives  taking  into  account  the  gender  specificity  of 
trafficking in human beings in identification and referral procedures, such as trainings in 
areas  where  there  is  a  high  number  of  women  and  unaccompanied  minors  amongst 
migrants  and  refugees.  The  General  Secretariat  for  Family  Police  and  Gender  Equality 
developed  an  inter-governmental  protocol  aimed  at  adopting  standard  procedures  as 
regards identification, referral and accommodation, but also the provision of counselling 
services and activities for refugee women at risk or victims of gender-based violence, as 
well as to refugee women heads of single-parent families and their children.  

Frontex  reports  on  several  measures  put  in  place  to  assist  Member  States  in  improving 
early  identification  of  victims  and  ensuring  access  to  and  realisation  of  their  rights, 
including  in  relation  to  the  two  developed  handbooks,  VEGA  Children  at  airports155, 
VEGA Children at land borders and VEGA Children at sea borders, aimed at improving 
the  identification  on  the  move  at  risk  at  all  types  of  borders,  air,  land  and  sea  borders, 
while  ensuring  respect  and  protection  for  their  rights  and  enhancing  the  actions  taken 
against  criminal  threats  to  their  wellbeing.  The  handbooks  contain  recommendations  to 
increase the awareness of border guard officers, amongst other stakeholders.  

In  particular,  Frontex  has  launched  and  coordinated  joint  operations  at  air  borders,  in 
cooperation  with  Member  States  and  international  organisations.  Joint  operations  were 
also extended at external land and sea border. The VEGA Handbook at land borders was 
already  implemented  during  the  2019  Joint  Operations  and  it  has  been  planned  to  be 
implemented  also  for  the  2020  joint  operations.  Starting  with  2020,  the  VEGA 
Handbooks are integral part of the Joint Operations implemented by Frontex. Frontex has 
published  a  Course  manual  for  Frontex  fundamental  rights  trainers,  providing 
comprehensive  and  operational  guidelines  on  protection  of  the  rights  of  all  migrants 
during the border procedures, including the victims of trafficking. 

Frontex  had  also  developed  a  handbook  on  Risk  Profiles  on  Trafficking  in  Human 
Beings  as  a  practical  and  operationally  relevant  tool  to  support  Border  Guards 
performing first- and second-line border checks, as well as Officers deployed to Frontex 
Joint Operations, with the early identification of victims of trafficking in human beings, 
but also perpetrators crossing an external border together with the victims. The handbook 

155   Frontex 2015, VEGA Handbook: Children at airports. 

91 

 
 
                                                      
provides  risk  profiles  for  third  country  nationals,  which  represent  some  of  the  main 
nationalities  of  Third  Country  victims  of  trafficking  in  human  beings  identified  in  the 
EU. The risk profiles were completed by risk profiles on trafficking for sexual and labour 
exploitation.  A  risk  profile  on  child  trafficking  has  also  been  developed,  taking  into 
account the high risk for children, especially unaccompanied and separated children. The 
new handbook also provides border guards with a generic profile on traffickers in order 
to identify them better and support Member States’ investigative efforts.     

In 2018, Frontex began to collect data on arrivals at the external borders, disaggregated 
by the age and gender of arriving third-country nationals, as well as the status of arriving 
children  (whether  travelling  unaccompanied  or  not).  This  has  been  an  important 
development,  which  enables  Frontex  to  better  identify  vulnerable  groups  and,  when 
merging  the  data  with  other  information  coming  from  Joint  Operations  or  Member 
States,  potential  victims  of  trafficking  in  human  beings.  Furthermore,  the  analysis  of 
these new variables not only allows Frontex to further tailor their activities at the external 
borders  and  ensure  that  the  right  officer  profiles  are  sent  to  its  Operations,  but  it  also 
helps to provide officers deployed with more accurate information regarding the situation 
on the ground, including on arriving flows and their specific needs. The disaggregation of 
data has enabled Frontex to further support other partners, including other EU Agencies 
in their work. 

Several  Member  States  mention  improvements  regarding  the  identification  of  victims, 
including in terms of increased knowledge and capacity of national authorities and other 
stakeholders  involved  in  the  identification  process  and  improvement  of  referral 
procedures  (e.g.  ES,  FI,  IE,  RO,  SE).  These  improvements  are  generally  presented  as 
having resulted in a higher number of victims identified.  

Member  States  report  on  helplines  for  victims  and  hotlines  serving  as  a  tool  to 
identify potential victims and by this enabling them to access support programmes (e.g. 
SK,  EE).  Slovakia  reports  for  example  that  in  2018,  seven  potential  victims  were 
identified through the helpline; a worker of  emergency medical  service was among the 
calling persons, based on the knowledge obtained during trafficking training in 2017, and 
he  identified  and  reported  a  potential  victim,  who  subsequently  entered  the  assistance 
programme.  In  2019,  two  victims  joined  the  assistance  programme  based  on  the 
identification of trafficking victims through the helpline. In Estonia in order to provide 
better support for all the victims of violence, including trafficking victims, the Ministry 
of  Social  Affairs  decided  to  create  a  national  victim  support  hotline.  Even  though  the 
specific trafficking hotline remains, now there is also general victim support hotline that 
enables  to  identify  victims  seeking  help.  Counselling  takes  place  in  3  languages: 
Estonian, Russian, and English. One can also use the service via chat and e-mail.  

Civil society organisations voice concerns about the exclusion of the civil society from 
the official identification process in some EU Member States, as well as inconsistent 
application of recovery and reflection periods, lack of early legal intervention or a 
lack  of  training  of  professionals  involved  in  the  identification  process,  which  may 
lead  to the victims not being formally identified. Close cooperation of all actors at 
all  levels  is  essential  in  order  to  ensure  better  access  to  and  the  realization  of  the 
rights of the victims of trafficking in human beings.  

92 

 
 
 
As  highlighted  in  the  Second  progress  report,  a  multidisciplinary  approach  in  the 
functioning  of  the  National  Referral  Mechanisms  (NRMs)  and  Transnational  Referral 
Mechanisms (TRMs), including the involvement of the civil society, must be enhanced, 
and cooperation and information  sharing at  national  and transnational level  (within  and 
outside the EU, between all relevant actors, including law enforcement and the judiciary, 
making full use of the support of relevant EU agencies) should be strengthened156.  

6.1.1.  NATIONAL AND TRANSNATIONAL REFERRAL MECHANISMS (NRMS AND 

TRMS) 

Formal  or  informal  national  (NRM)  and  transnational  referral  mechanisms  (TRM),  and 
other coordination mechanisms put in place in  Member States, are highly relevant  with 
respect  to  victims  accessing  their  rights  and  being  referred  to  services,  including  in  a 
cross-border context.  

The  European  Commission’s  2017  Communication  stepping  up  EU  action  to  address 
trafficking in human beings, under Priority B – Providing better access to and realise the 
rights  for  victims,  sets  forth  as  a  key  action  to  review  the  functioning  of  the  Member 
States’ NRMs and TRMs. The 2017 Communication indicates that inadequate access to 
information  about  victims’  rights  and  ineffective  referral  mechanisms  at  national 
and transnational level, coupled with a failure to identify all those who fall victim to 
trafficking continue to prevent victims of trafficking from actually benefiting from 
the rights they are entitled to. 

The European Commission published in 2020 a study on reviewing the functioning of 
transnational  referral  mechanisms–  2017 
Member  States’  national  and 
Communication deliverable157. The Study indicates that: 

-  All but one Member States have referral mechanisms in place at national level. In two 
cases similar mechanisms are available at the local level. 
-  All  Member  States  have  in  place  measures,  procedures  aiming  at  improving 
identification  (e.g.  indicators,  guidelines  focused  on  specific  high-risk  groups,  joint 
initiatives of law enforcement, labour inspectors, migration services, etc.).  
-    Overall,  formal  identification  of  child  victims  normally  involved  additional  actors, 
adjustment of procedures and, generally, application of the principle of the best interest 
of the child.   
 In addition to law enforcement, police and border guards, and civil society organisations, 
others  who  play  a  role,  although  to  a  lesser  extent,  include  migration  officers,  labour 
inspectors and diplomatic services.  
- Concerning EU victims trafficked within their own Member State, there is a gap with 
respect to specific measures. 

Some  Member  States  recalled  recent  developments  in  the  referral  mechanism  in  the 
national  context.  For  example  in  Italy,  in  the  framework  of  the  National  Action  Plan 

156   Study  on  Reviewing  the  functioning  of  Member  States’  national  and  transnational  referral 

mechanisms (-, 2020)  

157   Ibid 

93 

 
 
 
 
                                                      
against  trafficking  and  serious  exploitation  of  human  beings  2016-2018,  a  set  of 
recommendations  and  practical  measures  that  guide  all  actors  involved  in  the  fight 
against  trafficking  and  in  line  with  existing  standards  of  human  rights  protection  was 
introduced. It includes a detailed set of standard operating procedures (SOPs), consisting 
of  separate  measures  to  ensure  adequate  assistance  to  trafficked  persons  through  the 
following  steps:  1.  identification;  2.  first  assistance  and  protection;  3.  long-term 
assistance  and  social  inclusion;  4.  return  and  social  inclusion;  5.  criminal  and  civil 
proceedings.  The  Italian  National  Referral  Mechanism  for  Trafficking  Victims  is 
addressed  to  all  actors  involved  in  the  fight  against  trafficking  who  come  into  contact 
with a trafficked person (whether presumed or identified) and who are involved in any of 
the proceeding phases. It is also directed to policy makers and decision-makers, i.e. those 
persons in charge of planning prevention and protection interventions, investigative and 
repressive  strategies.  These  include  professionals  and  experts  in  the  field  of  anti-
trafficking,  non-governmental  organisations,  governmental  organisations,  international 
organisations  and  other  categories  such  as:  operators  at  desk  services;  shelter  workers; 
case  handlers;  psychologists;  counsellors;  social  workers;  interpreters;  intercultural 
mediators;  health  workers;  lawyers;  child  guardians;  law  enforcement  officials;  labour 
inspectors;  trade  union  staff;  magistrates;  prison  staff;  policy  makers  and  decision 
makers; diplomatic staff; others.  

In  Greece,  the  National  Referral  Mechanism  officially  entered  into  force  on  1 January 
2019  and  the  first  implementation  report  on  its  first  year  of  official  functioning  was 
reported to be drafted. The functioning of the NRM has been supported by the provision 
of  Law  4636/19,  Article  58  (5)  and  Law  4540/18,  Article  20  (5),  according  to  which 
competent authorities are obliged to inform immediately the NRM of presumed victims 
of trafficking in human beings. The NRM operates as a hub for coordinated action and 
partnership-building  among  all  actors  involved  in  combating  human  trafficking  (state 
agencies, international organisations, NGOs). 

Ireland  reported  that  individual  written  procedures  have  been  put  in  place  in  frontline 
State bodies to guide public officials in the proactive identification of trafficking victims 
among high-risk individuals they may come into contact with, and these procedures are 
published  on  the  website,  together  with  a  ‘Statement  of  Roles  and  Responsibilities’, 
which  outlines  the  roles  and  responsibilities  of  organisations  involved  in  the  care  of 
victims. The victim identification system is under review.  

Some  countries  referred  to  regular  updates  to  their  guidance  documents  with  regard  to 
identification,  assistance  and  support  to  victims  of  trafficking  in  human  beings.  For 
example, Lithuania noted that the Recommendations for the Identification of Victims of 
Trafficking  in  Human  Being,  Pre-trial  Investigation  and  Inter-institutional  Cooperation 
were approved by  the Procurator General of the  Republic of  Lithuania, the Minister of 
the Interior of the Republic of Lithuania and the Minister of Social Security and Labour 
of the Republic of Lithuania in 2015. The renewal of this legal measure is included in the 
2017–2019  Action  Plan  to  Combat  Human  Trafficking  and  is  carried  out  on  an  annual 
basis  having  assessed  observations  and  recommendation  on  the  improvement  of  the 
measure submitted by the relevant institutions.  

94 

 
 
During  their  deployment,  Frontex  officers  have  the  role  to  identify  potential  victims  of 
trafficking  or  people  who  could  be  at  risk  of  exploitation  after  crossing  the  external 
borders, and referring them to the national authorities of the host country so that they can 
initiate the formal process, which could eventually lead to the person being placed in the 
national  referral  mechanism  and  granted  protection.  In  Greece,  trafficking  in  human 
beings contact persons have been appointed in the hotspots, and Debriefing Experts are 
interviewing  potential  victims  of  human  trafficking.  The  process  is  continuing  and 
potential victims have now a higher chance of receiving protection. All operational data 
are being shared with Europol. 

EASO  highlights  that,  for  asylum-seeking  children,  the  involvement  of  child 
protection  services  in  referral  mechanisms  is  currently  limited  and  should  be 
reinforced and ensured. All relevant stakeholders at central and local level should meet 
at  regular  intervals  in  case  there  is  no  information  sharing  system  in  place.  It  should 
always be clear which authority is responsible for appointing a guardian/representative or 
giving access to the most suitable procedures for the child, in order to avoid protection 
gaps due to different authorities believing others are responsible for certain aspects of the 
child’s  case.  When  risks  or  vulnerabilities  have  been  identified,  special  procedural 
guarantees to meet their needs should be in place. Additionally, the child should be 
referred  for  support  and/or  further  assessment  within  the  asylum  authority,  or  to 
another service provider or authority, such as the reception or child protection authority, 
to  ensure  the  child’s  safety  and  well-being.  This  referral  may  be  for  professional 
consultation  or  legal  counselling.  An  example  is  the  referral  of  child  victims  of 
trafficking 
the  communication  of 
international protection and anti-trafficking systems. 

to  appropriate  referral  mechanisms,  ensuring 

Setting-up  of  a  Procedure  for  the  referral  of  potential  victims  of  trafficking  in 
human beings applying for international protection at Madrid Barajas airport 

Spain established in 2019 a procedure for the referral of potential victims of trafficking in 
human  beings  who  apply  for  international  protection  at  Madrid  Barajas  airport.  The 
elaboration  of  this  protocol  is  due  to  the  fact  that  the  Ministry  and  the  organisations 
working at the airport have identified the need for drafting a specific referral procedure 
for  potential  victims  of  trafficking  in  human  beings  that  arrive  at  the  airport,  where 
specialised  organisations  participate  conducting  a  specialised  interview  to  all  potential 
victims and a procedure for their referral to a place adapted to their specific needs. 

This procedure aims at establishing action guidelines when foreign nationals of legal age 
or family units arrive to Madrid Barajas airport and request international protection when 
any professional with responsibilities over this process suspects they could be victims of 
trafficking in human beings, so that they are correctly referred  within the framework of 
the  Reception  System  for  international  protection  applicants  and  beneficiaries.  This  is 
coordinated  by  the  Ministry  of  Labour,  Migrations  and  Social  Security  through  the 
General  Sub-directorate  of  Programmes  of  International  Protection,  under  the  General 
Directorate for Inclusion and Humanitarian Assistance. In the case there is no appropriate 
place  for  the  victim  within  the  national  Reception  System,  the  Government  Delegation 
for Gender Violence might provide one for the victim.  

95 

 
 
Member States report on measures aiming at improving the existing referral procedures. 
For  instance,  Cyprus  informs  that  the  Social  Welfare  Services  as  a  first  responding 
authority,  in  consultation  and  cooperation  with  other  members  of  the  Multidisciplinary 
Coordinating Group, have developed a standard referral form, which has been introduced 
in  2019,  to  improve  the  identification  and  referral  procedures  of  potential  victims  of 
trafficking and exploitation into the National Referral Mechanism, including screening of 
vulnerable  asylum  seekers  from  Pournara  Centre.  As  far  as  the  asylum  procedure  is 
concerned,  there  is  a  new  and  more  complete  vulnerability  assessment  tool  introduced 
during  February  2020,  replacing  the  one  already  used  at  the  first  reception  center  in 
Cyprus.  Also,  another  vulnerability  form  exists,  which  the  police  use  during  the 
procedure  of  applying  at  the  immigration  control,  as  a  first  identification  tool  of  any 
obvious  or  mentioned  vulnerabilities.  All  applicants  go  through  the  vulnerability 
assessment during their first 3 days of applying for international protection and, if there 
are  indicators  of  trafficking  in  human  beings,  the  trafficking  in  human  beings  referral 
form,  as  mentioned  above,  is  completed  and  immediately  sent  by  hand  to  the  Social 
Welfare Services to begin the National Referral Mechanism procedure. 

National  referral  mechanisms  specifically  addressing  trafficking  women  and  child 
trafficking, are reported by some Member States.  

Portugal  reports  on  ongoing  work  in  order  to  develop  a  Protocol  for  the  definition  of 
procedures for the prevention, detection and protection of child victims of trafficking in 
human  beings,  in  addition  to  the  already  existing  National  Referral  Mechanism. 
Romania  also  mentions  on  recent  improvements  with  respect  to  the  National 
Identification  and  Reference  Mechanism  (initially  adopted  in  2007),  which  aimed,  first 
and foremost, at creating a document as easily accessible as possible to support the need 
for  information  and  guidance  of  the  specialists  involved  in  identifying  and  referring 
victims of human trafficking. Procedures were created and introduced regarding the risk 
assessment and the special needs of assistance and protection of the victims, the assisted 
voluntary  repatriation,  the  way  of  granting  the  recovery  and  reflection  period  was 
regulated, but there were also improved procedures or aspects, such as the identification 
procedure or indicators to identify victims of human trafficking, amongst others.  

Child  and  gender-specific  measures  aimed  at  improving  identification  and  referral 
procedures  of  victims  of  trafficking  in  human  beings  were  adopted  in  Spain.  For 
instance, a policy document was developed additionally to  the  Framework Protocol  for 
the Protection of Victims of Trafficking in  Human  Beings, which provides guidance to 
professionals  from  different  areas  (public  authorities,  agencies,  institutions  and  civil 
society  organisations) to  recognise signs  of trafficking  in  potential  child  victims and to 
ensure an efficient referral  procedure towards protection and assistance services, whilst 
taking  into  account  their  specific  needs.  Spain  further  reports  that  the  policy  document 
“Healthcare  action  in  case  of  trafficking  in  human  beings  for  the  purposes  of  sexual 
exploitation”, which complements the Common Protocol for Healthcare Action in case of 
Gender Violence 2012 in the National Health System was approved on 24 April 2018. It 
provides information to healthcare staff to identify women and girls who are victims of 
trafficking  for  sexual  exploitation  known  in  the  context  of  healthcare  services  and 
establishes guidelines for standardized referral action.  

96 

 
 
 
 
Few Member States reported revising the website of NRMs. In the Netherlands, the 
revised  version  of  the  National  Referral  website  for  Human  Trafficking  is  available 
online.  The  purpose  of  this  website  is  to  refer  professional  aid  workers,  victims  and 
civilians to relevant organisations, which can provide further assistance. In addition, the 
National Referral Site provides a clear overview of the various stages and steps involved 
in providing support to victims of human trafficking as well as the rights and regulations 
that  are  involved  in  the  process  in  order  to  provide  the  most  suitable  assistance  and 
support  to  victims  of  trafficking  in  human  beings.  In  addition,  the  website  is  widely 
accessible to the public. 

Latvia  reports  on  ongoing  political  debates  in  the  country  on  possible  legislative 
improvements and new policy initiatives in the field of preventing trafficking in human 
beings,  in  particular  the  idea  of  setting  up  a  national  referral  mechanism  for  the 
recognition of and assistance to victims of trafficking in human beings.  

Transnational  Referral  Mechanisms:  The  Second  progress  report  highlighted 
increasing  cooperation,  including  transnational  cooperation  with  other  EU  and  non-EU 
countries, international organisations and civil society.  

The  study  on  the  reviewing  of  the  functioning  of  Member  States’  National  and 
Transnational Mechanisms158 finds that: 

-    Member  States  have  in  place  a  wide  range  of  instruments  for  transnational 
cooperation that contribute to referral of victims of trafficking.  
-  Support  to  transnational  cooperation  is  also  provided  by  EU  agencies,  according  to 
their mandates.  
-  Cooperation  frameworks  range  from  bilateral/regional/multilateral  platforms, 
networks  or  other  similar  fora,  to  meetings  of  key  actors,  formal  and/or  ad  hoc 
cooperation  on  provision  of  assistance  and  support,  cooperation  mechanisms  that 
include relevant international organisations, especially in return procedures, etc. 
-  Member  States  provide  some  sort  of  assistance  in  cases  of  voluntary  return  to  the 
country of origin and ensure reflection periods for non-EU nationals who are potential 
victims of trafficking in human beings, which vary from 30 to 120 days for adults and 
up to 150 days for children. In most Member States, assisted voluntary return of non-
European Economic Area (EEA) citizens is managed by, or conducted in, cooperation 
with the IOM.  
-  Most  of  the  referral  mechanisms  reviewed  integrate  some  sort  of  risk  assessment  in 
the  procedures  for  assisted  voluntary  return.  The  availability  of  reintegration  and 
support  in  the  countries  of  origin  vary  depending  both  on  the  Member  State  of 
destination and the country of origin. Returns of EU/EEA citizens generally take place 
on a case-by-case basis, and assistance provided varies according to the victim’s needs. 

158   Study  on  Reviewing  the  functioning  of  Member  States’  national  and  transnational  referral 

mechanisms (-, 2020)  

97 

 
 
 
 
 
 
 
 
                                                      
Setting-up of the Transnational Referral Mechanism of the Baltic Sea Region 

The  Transnational  Referral  Mechanism  (TRM)  of  the  Baltic  Sea  Region  (Denmark, 
Estonia,  Finland,  Germany,  Iceland,  Latvia,  Lithuania,  Norway,  Poland,  Russia  & 
Sweden), Bulgaria, Romania and Ukraine has been created in 2019 by the Council of the 
Baltic Sea States (CBSS) Task Force against Trafficking in Human Beings (TF-THB). It 
was  developed  in  the  framework  of  the  transnational  project  “Paving  the  Way  for  the 
Harmonized  Operational  Framework  in  the  Baltic  Sea  Region”  (HOF-BSR).  A 
Transnational  Referral  Mechanism  for  professionals  working  in  the  Baltic  Sea  Region 
and beyond was developed to provide them with the right tools in order to successfully 
assist victims. 

6.2.ASSISTANCE, SUPPORT AND PROTECTION OF VICTIMS OF TRAFFICKING 

Attending  to  victims’  specific  needs  and  taking  into  account  their  personal  history, 
ensuring  personalised  services  were  highlighted  in  many  reports.  Member  States  and 
civil  society  organisations  recalled  the  need  for  a  multidisciplinary  and  multi-agency 
approach, with multilingual staff to be efficient and effective. 

Besides the implementation of Anti-Trafficking Directive, few Member States (e.g. EL, 
AT,  IE,  EE)  reported  on  legislative  and  policy  developments  relating  to  the 
transposition and implementation the EU Victims’ Rights Directive 2012/29/EU. In 
particular,  Greece  reported  putting  in  place  new  legal  provisions  for  the  protection  of 
victims of trafficking in human beings: Article 218 Criminal Procedure sets out measures 
that  may  be  taken  to  protect  victims  against  revenge  or  intimidation.  Such  measures 
include  protection  by  appropriately  trained  police  personnel,  examination  by  audio  and 
visual  electronic  means  or  mere  audio  transmission  of  the  recording,  not  including 
identity data in the examination report. According to this article, during the examination 
of the victim as witness, an expert (psychologist or psychiatrist) is appointed in order to 
prepare  the  victim  to  testify.  The  testimony  of  the  victim  shall  be  made  in  writing  and 
recorded  in  an  electronic  audio-visual  medium,  where  possible.  The  electronic 
submission of the testimony of the victim shall replace the victims’ physical presence at 
the next stages of the procedure. If such submission is not possible, a written statement of 
the  victim  shall  be  read  out  to  the  audience.  Austria  reported  on  changes  in  national 
legislation with regard to “particularly vulnerable victims” where victims of trafficking in 
human beings are considered, including their age, mental and health status, as well as the 
type and specific circumstances of the criminal offence. 

In  Estonia,  the  amendments  of  Victim  Support  Act  entered  into  force  in  Estonia  on  1 
January  2017  and  since  then  the  concept  of  a  presumed  victim  exist.  The  police, 
prosecution, specialised  NGOs assisting victims  of trafficking, labour inspectors, social 
workers and competent foreign authorities, may identify a presumed victim of trafficking 
in  human  beings.  These  actors  should  inform  the  Social  Insurance  Board  of  having 
detected a presumed victim of trafficking in human beings, following which information 
is  provided  to  the  law  enforcement  authorities  to  allow  the  initiation  of  criminal 
investigation into the offence  If no  criminal  investigation is  initiated due to  the lack of 

98 

 
 
 
 
elements  of  the  offence,  the  presumed  victim  of  trafficking  is  entitled  to  specialised 
assistance for the duration of up to 60 days.  

Ireland  reported  that  the  Criminal  Justice  (Victims  of  Crime)  Act  2017  transposes  the 
EU Victims’ Rights Directive. The Act was passed into law in November 2017. The Act 
introduces  statutory  rights  for  all  victims  of  crime,  including  victims  of  trafficking  in 
human  beings.  The  legislation  gives  all  victims  of  crime  an  entitlement  to  information 
about  the  system  and  support  and  special  measures  during  investigation  and  court 
proceedings, if necessary. 

Member States reported on diverse general measures improving support, assistance 
and  protection  of  victims  of  trafficking.  In  Lithuania  in  2019,  the  National 
Association  against  Trafficking  in  Human  Beings  was  founded  which  united  five  non-
governmental organisations of Lithuania providing assistance to victims of trafficking in 
human  beings.  It  is  planned  that  the  Association  will  coordinate  the  activities  of  its 
members,  solve  problems  related  to  trafficking  in  human  beings  on  the  national  level 
within the competence of non-governmental organisations, will guarantee equal access to 
and the quality of complex assistance provided to victims of human trafficking all over 
the country, raise public awareness on a precautionary basis.  

Cyprus  reported  on  streamlining  the  process  for  providing  financial  support  to  victims 
and prioritised public benefit applications from trafficking victims. All identified victims 
receive a monthly allowance. Social Welfare Services also provide emergency financial 
assistance to cover basic needs and accommodation while awaiting their applications for 
Guaranteed  Minimum  Income  to  be  examined.  Cyprus  provides  rent  subsidy  and  a 
monthly  allowance  to  all  victims  of  trafficking  who  are  living  outside  the  shelter 
(including  female  victims  of  sexual  exploitation  who  choose  not  to  stay  at  the  shelter, 
female  and  male  victims  of  trafficking  for  labour  exploitation).  Victims  of  trafficking 
have  the  right  to  apply  for  Guaranteed  Minimum  Income,  which  includes  a  rent 
allowance. 

Latvia  reported  on  the  adoption  of  the  Regulation  of  the  Cabinet  of  Ministers  No  344 
“Regulations  Regarding  the  Procedures  by  Which  the  Victims  of  the  Trafficking  in 
Human  Beings  Receive  Social  Rehabilitation  Service,  and  the  Criteria  for  the 
Recognition  of  a  Person  as  a  Victim  of  the  Trafficking  in  Human  Beings”  on  16  July 
2019.  This  Regulation  prescribes  the  procedures  by  which  a  person  who  has  been 
recognised a victim of the trafficking in human beings shall receive social rehabilitation 
service for the State budget funds, and the criteria for the recognition of the person as a 
victim of the trafficking in human beings. 

Building  on  its  national  contribution  submitted  for  the  Second  progress  report  of  the 
European  Commission,  Spain  highlights  the  further  development  of  Offices  for 
Assistance  to  Victims  of  a  Crime.  These  offices  provide  assistance  to  all  victims  of 
crimes,  including  victims  of  trafficking  in  human  beings.  Their  goal  is  to  provide 
integrated,  coordinated  and  specialised  assistance  to  victims  of  a  crime  and  respond  to 
their specific needs in the legal, psychological and social areas. The model for assistance 
and intervention used in these offices encompasses two types of actions: on the one hand, 
general assistance and, on the other hand, individualised assistance for each victim. There 

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are 26 Offices for Assistance to Victims with one process manager and a psychologist in 
each of them.  In addition, Spain  reported the approval  of the  Instruction 6/2016,  of the 
State Secretariat for Security, on actions by the State security forces in the fight against 
trafficking in human beings and on the collaboration with organisations and institutions 
with accredited experience in assistance to victims. 

Romania continued the implementation of the Victim Witness Coordination Program in 
the  Criminal  Procedure.  The  program  concerns  measures  of  support,  information  and 
accompanying the victim throughout the criminal proceedings, in case the victim accepts 
the  cooperation  with  judicial  authorities.  The  program  is  based  on  the  cooperation 
between ANITP, DIICOT, the Ministry of Justice, through the courts and the Probation 
Service, the Ministry of Internal Affairs, through the Romanian Gendarmerie, Police and 
Border Police and the General Inspectorate for Immigration. 

EUCPN (European Crime Prevention Network) campaign on victims’ rights159  

The  prevention  campaign  against  trafficking  in  human  beings  was  funded  by  the 
Internal  Security  Fund  of  the  European  Union  (ISF).  It  was  realized  together  with  
European countries, Europol, EUCPN and launched on 17 October 2019, in the context 
of the EU Anti-Trafficking Day. 

The  campaign  aimed  at  informing  potential  victims  that  they  could  be  or  become  a 
victim  of  trafficking  in  human  beings;  informing  victims  where  they  can  find  help, 
protection  and  information;  inform  victims  about  their  rights  across  EU  countries, 
including  assistance,  support,  protection,  compensation,  labour  integration  and  rights, 
period  for  recovery  and  reflection  and  residence  permit  for  victims  of  third  countries 
and  assisted  return.  The  participating  23  countries  are  Austria,  Belgium,  Bulgaria, 
Croatia,  Cyprus,  Czech  Republic,  Estonia,  Greece,  Hungary,  Iceland,  Ireland,  Latvia, 
Lithuania, Luxembourg, Malta, The Netherlands, Norway, Poland, Portugal, Romania, 
Slovak Republic, Slovenia and Spain160. The campaign ‘#YouHaveRights!’ included a 
poster, sticker and video. The material was distributed at ‘hot spots’ including airports, 
borders,  embassies,  consular  posts,  public  transportation,  malls,  fuel  stations,  social 
media. 

Member  States  recalled  attending  to  the  need  of  specific  groups  of  victims, 
including in shelters (e.g. HU, NL, FI). The Netherlands reported on different types of 
shelter facilities for different categories of victims of trafficking in human beings, such as 
depending on their age (adult/child victims) and their legal residence (with/without legal 
residence).  Dedicated  shelter  is  specifically  intended  for  non-Dutch  adult  victims  of 
human  trafficking  and  offers  shelter  to  both  male  and  female  victims  who  are  in  a 
reflection  period  and  for  their  children.  Victims  who  do  not  meet  these  conditions  are 
usually  placed  in  women’s  shelters  or  social  shelters.  Hungary  reported  earmarking 

159   https://eucpn.org/preventhumantrafficking  

160   https://eucpn.org/preventhumantrafficking  

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budget for the construction of a new shelter. The availability of shelters for male victims 
was highlighted by few Member States (e.g. FI). 

The role of municipalities in assistance, support and care for victims was highlighted by a 
few Member States (e.g. FI, NL). 

Cyprus  reported  on  new  phone  devices  and  new  phone  numbers  being  given  to  the 
victims  in  order  to  severe  any  possible  contact  with  the  suspect(s)  and  to  minimise  the 
risk of retaliation. Leaving from and returning to the shelters are discussed with them, but 
also  with  the  personnel  of  the  shelters.  For  some  victims,  it  is  decided  to  be  escorted 
either by the Police or by members of NGOs when going out.  In addition, the shelters 
are  patrolled  by  the  Police  in  a  discreet  manner.  There  is  no  difference  to  the  services 
provided to male and female victims of trafficking, except the temporary accommodation 
to the governmental shelter for female victims of trafficking for sexual exploitation. 

Member States expressly mention taking into account gender-specific requirements. 
For  example,  Denmark  noted  that  the  individual  needs  of  each  victim  are  taken  into 
account  when  assistance  and  support  is  granted  in  accordance  with  Action  Plan  to 
Combat  Trafficking  in  Human  Beings  2019-2021.  Consideration  can  occur,  inter  alia, 
during the identification interview where men have a tendency of being more reluctant to 
present their stories of trafficking due to shame and an aversion of appearing weak. The 
different  needs  of  male  and  female  victims  are  also  taken  into  account  when 
accommodation is arranged. Service for care for trafficked men in some Member States 
(e.g. LU, NL, DE) were highlighted. In the Netherlands research has shown that sexual 
exploitation  also  occurs  among  boys  and  men,  but  detecting  this  form  of  exploitation, 
offering help  and providing care in  such cases require a specific approach. Therefore, , 
with  support  from  the  Ministry  of  Health,  Welfare  and  Sport,  five  care  and  support 
organisations  have  started  developing  care  services  for  male  victims  of  sexual 
exploitation. 

In  2017,  a  guide  was  drafted  in  Spain  providing  recommendations  for  the  offices  for 
assistance  to  victims  including  assistance  to  children  or  teenagers  victims  of  a  crime, 
guaranteeing  that  the  assistance  provided  to  child  victims  of  trafficking  is  standardised 
and of high quality. 

In the Netherlands, specialised support is intended for the victims of grooming by ‘lover 
boys’. Various youth care institutions that have a specific offer for victims of lover boys 
have described the methodical basis of their care programmes. Youth Institute supports 
research on the effectiveness of seven of these care programmes. 

Croatia  reported  that  all  services  to  victims  of  trafficking  in  human  beings  are  also 
accessible  to  persons  with  disabilities,  i.e.  persons  with  reduced  mobility.  Hungary 
reported  that  the  Police  treat  victims  of  trafficking  in  human  beings  as  persons  with 
special needs under Act XC of 2017 on Criminal Procedure Code. In its proceedings, the 
Police places victims in shelter and/or directs them to the state Victim Support Service in 
order to evaluate their need of services and support. 

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Portugal reported that the work with the victims in care is carried out in a consistent and 
personalised  manner,  according  to  an  individual  and  group  intervention  plan,  which 
includes  training  sessions  for  the  development  of  social  and  personal  skills,  as  well  as 
other  non-formal  daily  activities  (domestic  management,  active  job  search,  among 
others). 

New  approaches  to  health  and  medical  assistance  to  victims  were  reported.  In 
Ireland, the Anti-Human Trafficking Team  of the Health Service Executive is  charged 
with  responsibility  to  care  of  victims  of  Human  Trafficking  under  the  National  Action 
Plan.  The  Anti-Human  Trafficking  Team  follows  trafficking  victims  accordingly  to  the 
form of exploitation (sexual labour exploitation, sham marriage and forced criminality). 
It  has responsibility  for  care planning for both  female/male victims  of trafficking in  all 
areas  of  exploitation  and  provides  support  for  potential  victims  of  trafficking  to  access 
the  relevant  State  agencies  and  their  services.  In  2019,  Ireland’s  Health  Services 
commenced  key  work  with  women/trans  -women  in  prostitution  and  more  trafficking 
caseworkers have been made available. Translation services were provided by phone or 
in  person  to  19  individual  women  in  several  different  languages  to  assist  them  in  their 
personal circumstances.  

New pieces of legislation, enabling victims of trafficking to access public health care 
were  also  reported.  For  example  in  Slovakia,  several  ministries  (Ministry  of  the 
Interior, the Ministry of Health), the Health Care Surveillance Authority and individual 
health insurance companies participated in the preparation of the respective amendments 
to  the  concerned  acts,  which  improved  the  quality  of  access  to  healthcare  for  victims 
included in the assistance programme.  

Lithuania  report  on  legal  aid  to  victims  of  trafficking.  Besides  seeking  to  ensure 
efficient legal assistance and expand the possibilities of the provision of state-guaranteed 
legal  aid  to  victims  of  trafficking  in  human  beings,  the  amendment  to  Law  on  State-
guaranteed  Legal  Aid  was  adopted  in  2018.  The  amendments  stipulate  that  victims  of 
criminal  acts  of  trafficking  in  human  beings  shall  have  the  right  to  receive  secondary 
assistance  -irrespective  of  the  levels  of  property  and  income  established  by  the 
Government of the Republic of Lithuania- to receive legal aid within the whole scope of 
the criminal  case (without  being limited only to  a civil  action). Seeking to  improve the 
quality of state-guaranteed legal aid services, in 2017, the Ministry of Justice submitted a 
proposal  to  the  Government  for  increasing  remuneration  to  the  lawyers  providing 
secondary  legal  aid,  which  is  one  of  the  measures  to  encourage  lawyers  to  take  part  in 
this system. As a result of such developments, in 2019, 8 victims of trafficking in human 
beings received legal aid. 

Member  States  reported  on  dedicated  measures  to  assist  and  support  trafficked 
children (e.g. SK, FR, HU). Slovakia reported on specialised new institution to support 
child victims of trafficking in human beings. With effect from 1 January 2019, Centres 
for  Children  and  Families  were  established,  which  purpose  is  to  perform  measures 
temporarily  substituting  the  natural  family  environment  of  the  child  based  on  a  court 
decision.  Certain  Centres  will  execute  a  specialised  programme  for  prevention  of 
occurrence, deepening and repeating of crisis situations of the child, including for those 
being  a  victim  of  the  crime  of  trafficking  in  human  beings.  Realising  the  necessity  of 

102 

 
 
specialised  and  individual  approach  to  this  target  group  of  children  in  consideration  of 
their  integration  into  society,  it  is  planned  (2019-  2023)  that  in  each  self-governing 
region one Centre will be established with a specialised programme focusing on children, 
who  require  improved  care  because  they  experienced  maltreatment  or  sexual  abuse,  or 
crimes were committed in relation to them endangering their favourable mental, physical 
or  social  development  and  their  families.  Hungary  reported  about  action  concerning 
trafficked children. Pursuant to Article 61 (2) of Act XXXI of 1997 on the Protection of 
Children  and  Guardianship  Administration,  from  1  January  2019,  the  territorial  child 
protection  services  shall  provide  services  for  the  examination  and  therapy  of  neglected 
and  abused  children,  including  sexually  abused  children,  and  operate  a  hearing  service 
for affected children upon official request. One possible method of this service provision 
is the Icelandic Barnahus model, launched in  November 2016 in one town in Hungary. 
Taking  into  account  the  positive  first  experiences,  a  new  Barnahus  is  currently  being 
developed  in  the  capital  (to  be  opened  in  2020).  The  long-term  goal  is  a  nationwide 
coverage of the Barnahus service.  

The unconditional protection of children who are victims of trafficking in human beings 
was identified as a challenge for public policy in France. To this end, the second national 
action  plan  against  trafficking  in  human  beings  provides  for  a  number  of  measures 
aiming  at  strengthening  the  identification  and  care  of  child  and  young  adult  victims  of 
trafficking. The aim of this centre will be to accommodate 15 minors and young adults 
victims in a safe space, regardless of the type of exploitation carried out, in order to keep 
them  away  from  the  trafficking  networks,  to  provide  them  with  individualised  and 
comprehensive  support  (psychological  and  in  the  field  of  justice  and  health),  and  to 
consider their orientation. It will also help to accommodate mothers and fathers (up to 21 
years of age) with children. The plan to combat violence against children 2020-2022 is 
relevant  in  this  context.  In  view  of  the  need  to  gain  a  better  understanding  of  the  new 
forms  of  prostitution,  the  national  action  plan  against  violence  against  children  2020-
2022 provides for the launching of a group to identify the solutions to be put in place to 
combat  the  new  forms  of  prostitution  and  increased  knowledge  of  prostitution.  In 
addition, the plan has set itself the objective of improving the way it is taken into account 
health  care  for  child  victims.  On  this  basis,  a  graduated  care  pathway  comprising  an 
assessment of the child’s needs is being developed to become operational by 1 January 
2021. This pathway will include improved identification, assessment of the needs of the 
child, the structuring of support for both psychological and somatic matters in territories. 
These  tools  are  intended  to  benefit  all  minors  regardless  of  the  violence  they  have 
suffered. Measure 17 of the 2nd action plan created 10 mediators for prevention actions, 
including  to  report  on  situations  of  risk  for  children  who  are  victims  of  trafficking  in 
human beings.   

The  EU  Agency  for  Fundamental  Rights  (FRA),  together  with  the  European 
Commission,  published  in  June  2019  a  guide  “Children  deprived  of  parental  care 
found in an EU Member State other than their own.” 

The guide aims to strengthen the response of all relevant actors for child protection. It 

103 

 
 
 
focuses on child victims of trafficking and children at risk, implementing an action set 
forth  in  the 2017 Communication stepping up EU action against trafficking in  human 
beings, and takes into account identified patterns, including with respect to the gender 
specificity of the crime.  

Through a set of 10 actions, the guide provides practical suggestions on how to identify, 
refer and support children, elaborating on how to implement principles such as the right 
of  the  child  to  be  heard  and  how  to  ensure  their  best  interests  when  deciding  on  a 
durable solution.  

The  guide  provides  practical  information  to  enhance  national  and  transnational 
cooperation  within  the  EU  and  on  the  support  relevant  EU  agencies  can  provide, 
including for countering the impunity that fosters child trafficking. Professionals, such 
as law enforcement and judicial authorities, social workers, health professionals, child 
protection  officers,  guardians,  judges,  lawyers,  as  well  as  Central  Authorities 
established under the Brussels IIa Regulation, but also authorities defining procedures 
and protocols, can benefit from the guidance.  

Enhancing cooperation within the EU and promoting a fundamental rights approach of 
all  actors  involved  will  strengthen  the  protection  of  all  children  deprived  of  parental 
care, including child victims of trafficking, and contribute to prevention efforts. 

The guide is available in English and is being translated to all EU languages161. 

Luxembourg reported on new provisions strengthening procedural guarantees in criminal 
matters with regard to presume the victim being a child where the age of the victim is 
uncertain. 

Addressing the situation of unaccompanied minors with a view to reduce the risk of 
their trafficking has been a concern in some Member States.  In January 2018, FRA 
also  produced  a  summary  of  its  report  Guardianship  systems  for  children  deprived  of 
parental care in the EU162. In the last years, several Member States have amended their 
guardianship  laws,  such  as  Greece  and  Italy.  In  the  framework  of  FRA’s  work  in  the 
Greek and Italian hotspots, FRA has also been involved in supporting national actors in 
defining  the  structures  and  working  methods  of  guardians  and  building  the  capacity  of 
key actors. 

In  Greece,  in  order  to  increase  the  protection  of  unaccompanied  minors  (UAMs  who 
cross  the  European  borders  from  trafficking  risk  and  to  better  address  their  needs,  the 
Greek authorities reviewed the guardianship rules and a new legislation on Guardianship 
(4554/2018)  was  adopted  in  July  2018.  The  said  legal  framework  provides  for  the 
recruitment,  training and appointment of a number of professional  guardians to  various 

161   https://fra.europa.eu/en/publication/2019/children-deprived-parental-care-found-eu-member-state-

other-their-own  

162  https://fra.europa.eu/en/publication/2015/guardianship-systems-children-deprived-parental-care-

european-union  

104 

 
 
                                                      
locations in order to provide individualised support to UAMs, complement their limited 
legal  capacity,  facilitate  their  access  to  legal  protection  and  basic  social  services  and 
ensure  the  children’s  best  interests.  Best  interest  assessment  and  best  interest 
determination procedures are for the first time, explicitly mentioned in the Guardianship 
Law, as are responsibilities of the guardians and the Supervisory Board, respectively. The 
professional guardians are to be recruited and supervised by the Ministry of Labour and 
Social  Affairs.  The  law  entered  into  force  on  the  1st  of  March  2020,  following  a 
transitional phase with transitional measures.  

A comprehensive plan for the protection and care of unaccompanied children who have 
arrived in Greece through refugee/migration flows is being activated by the government. 
The  plan  focuses  on  the  creation  of  new  long-term  hospitality  structures.  From  March 
2020,  the  responsibility  for  the  safe  accommodation  and  integration  of  unaccompanied 
minors will be allocated to the Special Secretary for Unaccompanied Minors (Ministry of 
Migration and Asylum). 

Some  Member  States  report  on  legislative  developments  in  the  field  of  immigration 
and asylum concerning the access to rights of victims of trafficking in human beings 
(e.g. EL, NL).  

Several  Member  States  report  on  measures  aimed  at  assisting  victims  during  the 
repatriation  process  and  assisted  voluntary  return  and  reintegration  programmes 
(e.g. EL, ES). This includes cooperation with countries of origin or reception, in order to 
avoid  the  risk  of  being  re-trafficked  (e.g.  EL).  Cooperation  with  international 
organisations  is  also  mentioned,  including  with  the  International  Organisation  for 
Migration  (IOM)  and  the  United  Nations  High  Commissioner  for  Refugees  (UNHCR) 
including to provide assistance and support to migrants, voluntary return to the country 
of  origin  or  resettlement,  in  order  to  avoid  secondary  victimisation  (e.g.  AT,  BG,  CZ, 
NL, ES).  
Residence  permits:  Directive  2004/81/EC163  lays  down  the  granting  of  a  residence 
permit to third-country nationals who are victims of trafficking in human beings and who 
cooperate with the competent authorities. The laws or policies granting residence permits 
vary  across  the  EU.  Few  Member  States  referred  to  their  national  approach  for  issuing 
residence  permit  for  victims  of  trafficking  in  human  beings  or  legislative  changes  (e.g. 
CY, FR, BE). In Cyprus, the Civil Registry and Migration Department has continued to 
grant  residence  permits  to  victims  of  trafficking  identified  by  the  police  during  the 
criminal  proceedings,  based  on  the  anti-trafficking  legislation.  The  duration  of  the 
residence  permit  granted  upon  identification  is  set  to  one  year  renewable  (at  least  6 
months  is  provided  by  law).  Furthermore,  a  specific  reference  on  the  residence  permit 
indicates the  right  of the identified victim to  free access to  the labour market, limiting 
the need for interaction between the victim and the authorities in half and empowering 
the  victim  in  a  job-seeking  and  employment  environment.  In  addition,  the  anti-
trafficking legislation foresees a risk assessment to be performed after the completion of 
the criminal proceedings for each identified victim individually. Based on the results of 

163   OJ L 261, 6.8.2004, p. 19. 

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the  assessment  and  if  there  is  a  reason  why  the  identified  victim  cannot  return  to  the 
country of origin, the Minister of the Interior may grant a temporary residence permit on 
humanitarian  grounds,  which  can  be  renewed  subsequently.  This  procedure  has  been 
introduced before the reporting period but continues to be implemented and is found to 
be  beneficial  for  the  victims.  Regular  reports  from  the  Social  Welfare  Services  for 
victims of trafficking that are granted a permit on humanitarian grounds are required by 
the Civil Registry and Migration Department, in order to assess their social integration 
and rehabilitation.  

In  Belgium,  a  new  Law  of  30  March  2017  amended  Article  61  (2)  of  the  Law  of  15 
December  1980  on  access  to  the  territory,  residence,  establishment  and  expulsion  of 
foreign  nationals,  the  order  to  leave  the  territory.  So  far,  the  (potential)  victims  of 
trafficking in human beings received for the implementation of the reflection period ‘an 
order to leave the territory’. In practice, this corresponded to the 45-day period covered 
by the recovery and reflection period. However, this document had negative connotation 
that could cause difficulties on the ground. By the Law of 30 March 2017 the order to 
leave  the  territory  was  replaced  by  a  temporary  residence  document  in  the  human 
trafficking procedure. The Immigration Office issues to potential victims of trafficking 
in human beings a residence document valid for 45 days. It is the time during which the 
person concerned can recover, avoid the influence of the alleged perpetrators and decide 
whether to cooperate with the investigation. 

France reported on the system with regard to facilitating access to residence for victims 
of  trafficking  in  human  beings.  The  Law  of  13  April  2016  provides  for  issuing 
temporary residence card for one year for victims of trafficking in human beings when 
they  cooperate  with  the  judicial  authorities.  In  the  event  of  final  conviction  of  the 
defendant,  a  residence  is  issued  by  force  of  law  to  a  foreigner  who  has  filed  the 
complaint  or  testified  (Article  L316-1).  In  case  victims  trafficked  for  the  purpose  of 
sexual  exploitation  do  not  cooperate  with  the  authorities,  they  can  obtain  a  residence 
permit for a minimum of 6 months that can be renewed if they engage in a pathway to 
exit prostitution and integration. 

In  Slovenia,  the  Law  on  Amendments  to  the  Aliens  Act  was  adopted  on  October  17 
2017,  which  amended  provisions  related  to  victims  of  trafficking  in  human  beings, 
victims of illegal employment and victims of domestic violence. The amendments have 
also  simplified  the  conditions  for  granting  temporary  residence  permits  to  victims  of 
trafficking in human beings.  

Latvia reports on the lack of knowledge of competent authorities in applying procedures 
related to victims irregularly residing in the territory of Latvia, especially with respect to 
the granting of a reflection period. In this respect, national authorities highlight the need 
to  review  the  provisions  of  the  Law  on  residence  of  a  victim  of  trafficking  in  human 
beings  in  the  Republic  of  Latvia  and  legal  provisions  implementing  the  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. In addition, there are challenges at the national level with 
respect to irregular migrants for whom there were reasonable ground to believe that they 
were victims of trafficking in human beings, but who were not granted a reflection period 
or were not able to have access to state funded rehabilitation services, due to difficulties 
to formally identify them as victims.  

106 

 
 
Civil  society  organisations  report  on  huge  differences  between  the  numbers  of 
identified  victims  and  issued  residence  permits.  Victims  may  be  issued  a  renewable 
residence  permit  if  their  personal  situation  requires  so,  or  if  they  need  to  stay  in  the 
country  in  order  to  cooperate  with  the  authorities  in  the  investigation  of  the  trafficking 
offence. Civil society organisations call for ensuring adequate support to (presumed) 
trafficked persons who have to return to other Member States, when they have not 
been  able  or  willing  to  cooperate  with  the  authorities  or  not  identified  as  trafficked 
persons and therefore not provided a residence permit.  

Return  procedures  under  Dublin  III  Regulation  and  effective  assistance  and 
protection  of  trafficked  victims:  Transfers  carried  out  under  the  Dublin  Regulation 
have  affected  the  situation  of  victims  of  trafficking  in  human  being,  including  their 
access to assistance and support and the risk of their re-trafficking without enabling their 
protection from criminal networks. EASO highlights that, under the Dublin Regulation, 
victims of trafficking in human beings may be transferred to the country where they were 
exploited, and thus become more accessible to the traffickers and vulnerable to potential 
re-trafficking. Civil society organisations raise concerns with respect to the application in 
practice of the provisions of the Dublin Regulation164, the EU Anti-trafficking Directive 
and  Residence  Permit  Directive165  as  victims  of  trafficking  in  human  beings  who  fall 
under the Dublin rules are often returned back to the Member States of their first entry.  

The  Commission’s  Study  on  reviewing  the  functioning  of  National  and  Transnational 
Referral  Mechanisms  highlights  that  non-EU  victims  of  trafficking  in  human  beings 
accessing  assistance  within  the  National  Referral  Mechanism  may  return  to  their 
countries  of  origin  or  previous  residence  independently,  through  voluntary  assisted 
procedures  or,  if  they  are  applicants  for  international  protection,  be  transferred  to  the 
previous  country  of  residence  through  the  procedures  stemming  from  the  Dublin 
Regulation.  The  application  of  the  Dublin  Regulation  may  also  sometimes  lead 
indirectly,  due  to  the  differences  in  policies  and  rules  related  to  victims  of  human 
trafficking,  to  overlooking  the  victims’  rights  in  the  case  of  applicants  for 
international protection who have been trafficked166.  

The principle of non-prosecution or non-application of penalties to the victims: The 
principle is laid down in Article 8 of the Anti-trafficking Directive. In accordance with 
this  principle,  Member  States  shall  take  necessary  measures  to  ensure  that  competent 
national  authorities  are  entitled  not  to  prosecute  or  impose  penalties  on  victims  of 
trafficking in human beings for their involvement in criminal activities, which they have 
been compelled to commit as a direct consequence of being subjected to trafficking.  

164  Regulation  (EU)  No  604/2013  of  the  European  Parliament  and  of  the  Council  of  26  June  2013 
establishing the criteria and mechanisms for determining the Member State responsible for examining 
an  application  for  international  protection  lodged  in  one  of  the  Member  States  by  a  third-country 
national or a stateless person, OJ L 180, 29.6.2013. 

165   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. 
166   Study  on  Reviewing  the  functioning  of  Member  States’  national  and  transnational  referral 

mechanisms (-, 2020)  

107 

 
 
                                                      
Few  Member  States  referred  to  the  application  of  the  non-punishment  principle. 
Austria noted that in February 2017, the Federal Ministry of Justice issued a decree for 
the  public  prosecutors  and  judges  aiming  at  raising  awareness  of  the  non-punishment 
provision.  Belgium  reported  on  a  law  relating  to  trafficking  in  human  organs  and  the 
principle of non-punishment of victims of trafficking in human beings that was adopted 
on 22 May 2019.  

The non-punishment clause is reported to be widely used by the authorities in  Cyprus. 
According  to  the  national  report,  no  victim  has  been  detained  or  deported.  Identified 
victims  of  trafficking  are  protected  from  deportation,  according  to  the  anti-trafficking 
legislation. Illegal immigrants who are arrested and detained for deportation, are released 
when there are reasonable grounds to believe that they are victims of trafficking. Upon 
release,  the  Migration  Department  settles  their  residence  status,  granting  them  special 
residence and employment permits, renewable annually, until the completion of the trial 
proceedings. The national legislation ensures that victims are protected from penalisation 
for  any  unlawful  activities  that  were  the  result  of  their  victimisation  in  the  trafficking 
process  and  were  compelled  by  the  traffickers  to  engage  in  those  activities.  The  same 
article  of  the  legislation  provides  that  third  country  nationals  who  unlawfully  enter, 
and/or  reside,  and/or  work  in  the  country  are  not  prosecuted  for  those  unlawful  acts  if 
these were the result of their victimisation. In addition, if it is revealed during the trial of 
the  case  against  a  person  for  an  offence  that  the  actions  were  related  to  their  state  of 
victimisation,  the  proceedings  are  either  suspended  or  concluded  with  no  penalty 
imposed on the victim of trafficking. In the period of 2015 -2018 in nine cases victims of 
trafficking  were  not  prosecuted  for  offences  they  had  committed  as  a  result  of  their 
victimisation.   

In the context of contributing to the Special Advisor’s report on “Strengthening victims’ 
rights:  From  compensation  to  reparation”167  civil  society  organisations  highlighted  that 
trafficked victims for forced begging and for forced criminalities often are not recognised 
as victims when convicted for those minor offences.  

Further, the issue of trafficked individuals being prosecuted for their involvement in the 
illicit drug trade despite the coercive nature of their involvement persist. 

Compensation  to  victims  of  trafficking:  Member  States  refer  to  compensation  as 
means  of  remedying  violations  of  the  rights  suffered  by  trafficked  people.  The  type  of 
compensation provided, procedures to obtain compensation, such as a compensation fund 
created by the State or via criminal and/or civil proceedings against the perpetrator, the 
relevant actors in the processes, vary across Member States. Some Member States (e.g. 
IT, NL, MT, FI, SK) recalled their mixed system, where compensation can be obtained 
from the offenders through judicial proceedings and/or civil actions and/or by the State 
through a dedicated fund for victims. Compensation may consist of financial redress of 
any material  and/or immaterial  damage suffered  by a victim. For  example, in  Italy, the 
Anti-Trafficking Fund for Anti-Trafficking Measures for the financing of assistance and 

167  https://ec.europa.eu/info/sites/info/files/strengthening_victims_rights_-

_from_compensation_to_reparation.pdf  

108 

 
 
                                                      
social  integration  programmes  for  trafficked  persons  and  compensation  for  victims  of 
trafficking offences is in place. 

Member  States  reported  on  the  available  tools  for  victims  to  access  compensation,  on  
training and capacity building of relevant professionals and information actions (e.g. IE, 
AT, SI, HU, LU).  

Some  Member  States  reported  on  new  legislation  (e.g.  FR,  EL)  and  on  specialised 
bodies (e.g. FR, SE, EL) undertaking also actions to provide  information to victims of 
trafficking and training to professionals on compensation.  

Sweden reported that in July 2018, amendments to the legislation regarding counsel for 
an injured party came into force. This specify that the counsel for an injured party has to 
be a lawyer, and only individuals who, due to his or her knowledge and experiences  may 
be appointed as a counsel for an injured party; and  the counsel for an injured party may 
not  substitute  another  person  to  act  in  his  or  her  place  without  the  court’s  consent. 
Slovakia  reported  on  contracting  a  non-governmental  organisation  as  a  partner  of  the 
Ministry  of  the  Interior  for  providing  care  to  victims  of  trafficking  in  human  beings 
within the assistance programme. In this framework, a close cooperation with specialised 
lawyers  providing  consultations  and  representation  in  particular  cases  is  established, 
where victims receive legal assistance also for claiming indemnification. 

In  Czechia  in  2018,  a  project  called  “Providing  Legal  information  to  Victims  of 
trafficking  in  human  beings”  continued  to  be  implemented.  The  legal  information 
provided inter alia, the option to take part in criminal proceedings against the perpetrators 
(as  witness,  victim,  particularly  vulnerable  victim)  and  the  option  to  seek  damage 
reparation from the perpetrators. The project focuses on helping and supporting victims 
of crime that would lead to their gradual return to normal life and on attaining repression 
vis-à-vis the perpetrators of trafficking in human beings.  

In  its  capacity  as  the  national  referral  coordinator,  NCCTHB  in  Bulgaria  disseminates 
information regarding victim compensation opportunities through its administration. This 
is information that is presented to potential or formally identified victims of trafficking in 
each case is handled by the NCCTHB. 

In  Austria,  the  issue  of  compensation  in  the  context  of  trafficking  in  human  beings  is 
addressed  in  the  booklet  “Together  against  Trafficking  in  Human  Beings.  Practical 
Knowledge:  Prosecution,  Compensation  and  Victim  Protection”  (”Gemeinsam  gegen 
Menschenhandel.  Kompaktwissen  für  die  Praxis:  Strafverfolgung,  Entschädigung  und 
Opferschutz”),  published  by  civil  society  organisations  and  supported  among  others  by 
the Austrian Ministry of Justice. It focuses on practically oriented procedures, know-how 
and  knowledge  for  practitioners  in  the  fields  of  law  enforcement,  compensation  and 
victim  protection.  The  target  groups  of  this  booklet  are  judges,  law  enforcement, 
counsellors and lawyers. The booklet has been sent out to all relevant investigation units 
on  trafficking in human beings and is used in police trainings. In 2019, more than 400 
police officers were trained on this matter. 

In  Denmark  the  Director  of  Public  Prosecution  has  developed  written  information 
material  targeting  relevant  NGOs  about  the  course  of  a  criminal  case  and  about  the 
victim’s  rights  in  that  regard,  which  is  available  on  the  homepage  of  the  Prosecution 
Service. 

109 

 
 
Lithuania  reported  on  insufficient  use  of  the  indemnification  mechanism  in  place. 
Victims of trafficking in human beings, to whom a court decision awarded material and 
non-material  damage  caused  by  the  crime  of  violence,  could  seek  State  compensation 
after  the  criminal  proceedings  (indictment).  However,  victims  of  human  trafficking  do 
not  often  make  use  of  the  indemnification  mechanism.  In  2019,  damage  caused  by  a 
crime of violence was compensated to one victim, a woman who fell victim to traffickers 
for the purpose of sexual exploitation.  

For  the  purpose  of  providing  input  for  the  report  of  Special  Advisor  Milquet  on 
“Strengthening  victims’  rights:  From  compensation  to  reparation”168  with  regard  to 
compensation to victims of trafficking, the European Commission consulted participants 
to  the  EU  Civil  Society  Platform  against  Trafficking  in  Human  beings  on  their 
experiences.  

Civil society organisations identified the following concerns and difficulties in the 
context of the Special Advisor’s report169: 

  the type of exploitation suffered by victims of trafficking can play an important 
part  in  the  accessibility  of  compensation:  victims  trafficked  for  labour 
exploitation  have  additional  avenues  to  claim  compensation,  including  loss  of 
earnings,  whereas  victims  trafficked  for  sexual  exploitation  do  not  have 
verifiable  expenses  or  employment  losses  and  cannot  avail  in  many  cases  to 
work  related  bodies.  It  is  more  difficult  to  prove  and  assess  the  psychological 
harm caused by sexual exploitation or trafficking for prostitution than physical 
injuries. 

  victims  of  trafficking  may  encounter  difficulties  in  receiving  compensation  in 
cases, where the crime itself does not take place in the Member State where the 
victim stays or where the victim left the territory of the Member State where the 
crime took place.  

  in  case  it  is  not  proven  that  the  trafficking  offence  involved  the  use  of  direct 
violence against the victim, victims have difficulty to access compensation.  

trafficking  seem 

  child  victims  of 

to  receive 
compensation.  Children’s  compensation  should  serve  to  find  durable  solutions 
for  children  and  need  to  take  into  account  in  particular  their  lack  of  access  to 
education, missed opportunities, loss of primary carers and emotional support.  
  There  are  difficulties  to  establish  the  amount  of  material  and  non-material 

to  have  more  difficulty 

damages and the procedures may contribute to secondary victimisation.  

  Training  of  legal  professionals  in  the  criminal  justice  system  dealing  with 

compensation to victims is needed.  

  Lengthy  compensation  procedures,  additional  conditions  to  receive  free  legal 
aid  (such  as  financial  test  or  requirement  to  stay  or  have  a  legal  residence  for 
over  90  days)  make  it  even  more  difficult  for  victims  of  trafficking  to  receive 

168  https://ec.europa.eu/info/sites/info/files/strengthening_victims_rights_-

_from_compensation_to_reparation.pdf  

169   Idem,  Special  Advisor  Milquet’s  report  on  “Strengthening  victims’  rights:  From  compensation  to 

reparation”. 

110 

 
 
                                                      
compensation.  

  If  compensation  is  granted,  it  is  often  difficult  to  enforce  the  entitlement, 
because the perpetrators are not found or have moved their assets abroad or have 
declared  themselves  bankrupt.  According  to  civil  society,  confiscation  of 
criminal proceeds is rare as countries face significant challenges in identifying, 
tracing, seizing and confiscating proceeds of crime.  

Similarly,  in  their  contribution  in  the  context  of  the  Progress  report,  civil  society 
organisations  mention  barriers  for  victims  of  trafficking  to  access  compensation  in  
Member  States.  They  further  focus  on  the  need  to  encourage  financial  investigation, 
freezing  and  confiscation  of  assets  at  the  initial  stages  of  inquiry,  including  by 
monitoring the implementation  by Member States  of Directive 2014/42  on confiscation 
of criminal assets. 

Measuring  result  and  assessing  impact:  a  limited  number  of  Member  States 
reported on assessing results and impact of victims support and assistance (e.g. NL, 
ES,  DK,  IE,  SK).  With  regard  to  specialised  care  in  the  Netherlands,  a  2018  study 
showed that a large proportion of the Dutch victims of sexual exploitation have complex 
care needs, but that the provision of care is often not well adapted to the specific needs of 
this group. These include persons who, besides being victims of human trafficking, have 
psychological  problems,  an addiction  and/or a mild  intellectual disability. The Ministry 
of Health, Welfare and Sport has made funding available to create 36 additional shelters 
for this group of people. Denmark  reported on a specific evaluation  of shelters for the 
period of 2019-2021. In Spain 2018, the National Rapporteur for Trafficking in Human 
Beings,  using  its  Focal  Point  (Intelligence  Centre  against  Terrorism  and  Organized 
Crime)  evaluated  the  first  year  of  implementation  of  Instruction  6/2016,  of  the  State 
Secretariat  for  Security,  on  actions  by  the  State  security  forces  in  the  fight  against 
trafficking in human beings and on the collaboration with organisations and institutions 
with  accredited  experience  in  assistance  to  victims,  presenting  the  results  in  December 
2018.  The  conclusions  of 
followed  by  a  number  of 
the  evaluation  were 
recommendations.  Ireland  refers  to  the  findings  of  UNODC  research  with  regard  to 
measuring  the  effectiveness  of  the  referral  processes.  UNODC  research  using  Multiple 
Systems Estimation can give an estimate the total level of victims of trafficking in human 
beings  against  which  the  number  of  detected  victims  can  be  examined  in  the  national 
context.  Slovakia  notes  that  despite  the  victim  support  program  via  non-governmental 
organisations,  it  is  not  clear  for  which  reasons  persons  rather  decide  not  to  enter  the 
programme. 

7.  INTENSIFY A COORDINATED AND CONSOLIDATED RESPONSE 

Based  on  the  Anti-trafficking  Directive  and  the  2017  Commission  Communication, 
coordination has been ongoing with stakeholders and across policy areas. The EU Anti-
Trafficking Coordinator is based at the Commission's Directorate-General for Migration 
and Home Affairs and is responsible for improving coordination and developing existing 
and new  EU policies to  address  trafficking in  human beings.  Member States  facilitated 
the  tasks  of  the  EU  Anti-trafficking  Coordinator,  for  example  in  contributing  to  key 
Commission deliverables, such as studies and data collection, and reporting under Article 

111 

 
 
20 of the Anti-trafficking Directive for the Progress report. The broad coordination has 
been widely commended on EU and international level170.  

Addressing trafficking in human beings has continued as a joint effort of a wide range of 
relevant actors involved at all levels, based on thematic discussions in existing structures 
and cooperation, including: 

  Coordination  through  the  Inter-Service  Group  on  Trafficking  in  Human  Beings 
within the European Commission, which brings together 16 Directorates-General, 
including Eurostat and the European External Action Service.  

   Meetings  and  exchanges  in  the  framework  of  the  EU  Network  of  National 

Rapporteurs and Equivalent Mechanisms  

  Meetings  and  exchanges  in  the  framework  of  the  EU  Civil  Society  Platform 

against Trafficking in Human Beings and; 

  Meetings  and  exchanges  with  the  Coordination  Group  of  the  EU  agencies 

working against trafficking in human beings; 

  Work with EU institutions (the European Parliament and the Council); 
  Work with international partners, international organisations and;  
  Work with non-EU countries. 

The  regular  meetings  of  the  EU  Network  of  National  rapporteurs  and  equivalent 
mechanisms  (NREMs)  (co-organised with the incumbent Presidency of the Council of 
the  EU)  and  the  EU  Civil  Society  Platform  are  a  unique  feature  of  the  coordination 
work to  address  trafficking in  human beings. The respective meetings took place twice 
per  year,  and  include  constructive  and  structured  thematic  discussions  and  workshops. 
Once  per  year,  joint  sessions  are  organised,  aiming  at  operationalising  the  close 
cooperation between national authorities and civil society that the Directive calls for. On 
5  December  2019,  the  joint  session  concerned  the  High-level  event  ‘Leaving  no  one 
behind: breaking the silence on Trafficking for sexual exploitation’ in Brussels. 

Working  with  EU  agencies  against  trafficking  in  human  beings:  In  June  2018,  the 
Heads  of  ten  EU  Agencies  (EASO,  FRA,  Europol,  Eurojust,  Eurofound,  CEPOL, 
EMCDDA,  eu-LISA,  Frontex,  EIGE)  signed  a  Joint  Statement  of  Commitment  to 
working together to address trafficking in human beings. 

The  2018 Joint Statement  was  a  key  action  set  out  in  the  December  2017  Commission 
Communication stepping up action to address trafficking in human beings and builds on 
the  work  carried  out  since  the  signing  of  the  first  Joint  Statement  with  seven  EU 
Agencies  in  2011.  The  commitments  emphasise  the  importance  of  an  enhanced 
multiagency  approach,  to  counter  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  address  this  grave  violation  of  human 
rights and serious form of organised crime. 

170   See, for instance, Council Conclusions on Victims’ Rights, November 2019; UN General Assembly 
Third  Committee  Resolution  on  Improving  the  Coordination  Efforts  against  Trafficking  in  Human 
Beings, November 2019. 

112 

 
 
                                                      
Following on the Joint Statement of Commitment, each agency has appointed a contact 
point  on  trafficking  in  human  beings  to  participate  in  regular  coordination  meetings 
organised by the European Commission to ensure an overview of the agency’s action in 
this  field  and  represent  the  agency  in  the  relevant  fora.  Agencies  committed  to  include 
relevant activities in their planning and work programmes. The below sections provide a 
short summary of the work of the EU agencies on anti-trafficking action, more details on 
their activities is provided in the relevant chapters of this document. 

1.  European Union Agency for Law Enforcement Training (CEPOL) 

CEPOL has carried out, in line with its mandate, a series of learning activities in the area 
of trafficking in human beings, including residential and online training activities as well 
as exchange programmes planned on an annual basis. In the period 2018-2019, CEPOL 
has  implemented  10  residential  trainings,  4  webinars,  2  online  courses.  Relevant 
exchanges between law enforcement agencies have also taken place in the framework of 
the CEPOL Exchange Programme with a focus on trafficking in human beings. A total of 
1  357  participants  attended  CEPOL  learning  activities  in  2018-2019.  In  addition  to  the 
planned portfolio, CEPOL has planned seven webinars with FRA linked to trafficking in 
human beings and delivered in 2020 a webinar with EIGE and with the participation of 
the European Commission on Gender-specific measures in anti-trafficking actions. 

The  programme  of  learning  activities  has  been  developed  through  a  multi-disciplinary 
approach  and  with  and  input  from  experts,  police,  border  guards,  judicial  officials, 
NGOs,  international  organisations,  labour  inspectors,  representatives  of  the  private 
sector,  and  relevant  EU  Agencies,  European  Commission.  The  target  audience  for  the 
delivered  trainings  has  included  frontline  officers,  investigators,  team  leaders  dealing 
with  trafficking  cases,  border  guards,  prosecutors,  immigration  officers  and  officers 
specialised in victim safeguard and protection. 

CEPOL  has  also  been  leading  the  action  on  training  and  capacity  building  under 
EMPACT THB, and has set up its annual training portfolio with the involvement of the 
EMPACT  group,  ensuring  up-to-date  and  relevant  content  for  the  training  activities, 
including the follow up on new and emerging trends in trafficking in human beings. 

2.  European Asylum Support Office (EASO) 

EASO has been providing support to the Member States on the identification, protection 
and  referral  to  adequate  support  of  persons  with  special  needs,  including  victims  of 
trafficking  in  human  beings.  The  agency  also  facilitated  exchange,  supported  the 
development of operational standards, indicators, guidance, training, and best practices as 
well as the coordination of the Vulnerability Experts Network and the collaboration with 
other networks to promote convergence with EU standards in the asylum and reception 
systems  of  the  Member  States.  The  Agency  provided  support  to  Member  States  to 
enhance their capacity to identify and respond to vulnerable persons who are in need of 
international  protection,  through  special  needs’  assessment  and  referral  to  adequate 
support aiming at promoting their resilience. 

113 

 
 
In  2018,  EASO  launched  the  Vulnerability  Expert  Network  as  a  platform  to  address 
vulnerability related topics and crosscutting issues in a holistic manner. In 2019, EASO 
organised  the  first  thematic  meeting  on  Trafficking  in  Human  Beings  and  International 
Protection  under  the  Vulnerability  Experts  Network  aimed  at  addressing  the  nexus 
between  Trafficking  in  human  beings  and  international  protection.  The  meeting 
highlighted  the  importance  of  having  a  holistic  and  multidisciplinary  approach  in  the 
asylum  and  anti-trafficking  procedures,  where 
two  procedures  should  be 
interconnected.  Considering  the  importance  of  the  effective  implementation  of  national 
referral  mechanism  in  cases  of  trafficking  in  human  beings,  EASO  has  started  the 
development  of  tool  to  facilitate  the  assessment  and  referral  of  applicants  with  special 
needs, including victims of trafficking to adequate support and assistance. 

the 

EASO is involved in the external dimension of the Common European Asylum System 
and  conducts  activities  for  addressing  trafficking  in  human  beings  in  neighbouring 
countries such as Western Balkans, Turkey or Egypt. 

EASO  training  activities  in  2018-2019:  The  Trafficking  in  Human  Beings  module  was 
first piloted in 2017 and 16 training sessions were organised in 2018-2019. In total, 248 
participants from 14 EU+ countries, 3 Third Countries, as well as other stakeholders and 
EASO  interim  caseworkers  have  been  trained  in  the  Trafficking  in  Human  Beings 
module, of which 66 trainers trained in train-the-trainer sessions and 182 participants in 
12 national training sessions. 

EASO carried out operational trainings in 2018 and 2019 in Italy (44 operational training 
sessions including focus on trafficking in  human being, with  a total  of 943 participants 
(immigration  police  officers  and  EASO  interim  case  workers));  in  Malta  (four  training 
sessions);  in  Cyprus  (4  operational  training  sessions  including  focus  on  trafficking  in 
human beings attended by 64 participants (EASO interim case workers)); in Greece (28 
participants). 

3.  European Institute for Gender Equality (EIGE) 

EIGE  has  provided  guidelines  to  Member  States  and  relevant  stakeholders  on  how  to 
ensure support and protection of victims  of trafficking, focusing on the  gender-specific 
needs  of  the  victims  and  highlighting  gender-specific  obstacles  faced  by  victims  of 
trafficking.  EIGE  has  conducted  an  analysis  of  the  Anti-Trafficking  Directive  and  the 
Victims’ Rights Directive and published a report on “Gender-Specific Measures in Anti-
Trafficking  Actions”  with  recommendations  to  the  Member  States  on  how  to  improve 
their  national  mechanisms  and  actions,  including  early  identification  of  victims  and 
ensuring access to and realisation of their rights.  

EIGE participated and contributed to the 63rd session of the Commission on the Status of 
Women focusing on cooperation for data collection on gender - based violence, including 
trafficking, and its importance to further the EU-wide anti-trafficking efforts. EIGE also 
contributed  to  international  action  days,  such  as  EU  Anti-Trafficking  Day,  World  Day 
against  Trafficking  in  Persons,  European  Day  on  the  Protection  of  Children  against 
Sexual Exploitation and Sexual Abuse and 16 days of activism against violence against 
women. 

114 

 
 
4.  European Union Agency for Criminal Justice Cooperation (Eurojust) 

Eurojust has provided support to practitioners in dealing with legal issues in trafficking 
in human beings cases and in tackling effectively the phenomenon at judicial level in the 
Member  States  through  cooperation  tools,  including  among  others,  coordination 
meetings,  coordination  centers  and  Joint  Investigation  Teams  (JITs).  In  addition, 
Eurojust  has  facilitated  judicial  cooperation  through  joint  strategies  during  the 
coordination meetings on a number of issues, including cooperation on prosecution and 
assessment  of  the  best  placed  jurisdiction  to  prosecute,  identifying,  documenting  and 
prosecuting  the  crime  of  trafficking  in  human  beings,  conducting  interviews  of  victims 
and  suspects,  sharing  information,  conducting  searches,  arrests,  seizures,  freezing  and 
confiscation of criminal assets. 

A report analysis of Eurojust casework in the field of trafficking in human beings in the 
period  01/2017  –  07/2019  is  envisaged  in  2020  with  a  focus  on  the  areas  of  JITs  in 
trafficking  in  human  beings  cases;  victims  of  trafficking  and  Eurojust’s  coordination 
centres  during  joint  action  days  in  trafficking  in  human  beings  cases.  Eurojust  is 
conducting also an analysis of court judgments in two trafficking in human beings cases 
assisted  by  the  agency  with  the  objective  of  disseminating  information  to  judicial 
practitioners  on  legal  issues  and  arguments  of  the  courts  in  the  Member  States  in 
trafficking cases. 

During  the  reporting  period,  Eurojust  and  Frontex  have  started  negotiations  for 
concluding  a  cooperation  agreement  that  would  allow  the  two  agencies,  to  further 
operational  cooperation and exchange information  including personal  data. This  project 
targets  mainly  cases  of  migrant  smuggling  and  trafficking  in  human  beings,  where 
Frontex’s involvement and contribution to  the operational work of Eurojust is expected 
to  bring  additional  assistance  for  the  competent  national  authorities  and  enhance  the 
success of investigations. 

Eurojust has also contributed to the guide on “Children deprived of parental care found in 
an EU Member State other than their own” developed by FRA in  cooperation with  the 
European Commission and published in 2019. 

In  the  reporting  period  2018-2019,  Eurojust  signed  new  cooperation  agreements  with 
Albania,  Serbia  and  Georgia,  opening  the  possibilities  for  a  systematic  exchange  of 
operational information including personal data and for posting Liaison Prosecutors from 
the partner countries to Eurojust. 

5.  European Union Law Enforcement Cooperation Agency(Europol)  

Within  its  mandate,  Europol  has  supported  the  EU  Member  States  in  preventing  and 
combating  all  forms  of  serious  international  crime,  including  the  trafficking  of  human 
beings, and assisted the Member states in cross-border and high-level investigations and 
prosecution  of  traffickers  by  enhancing  the  intelligence  picture  on  criminal  phenomena 
and by contributing to training for specific law enforcement units and experts. 

115 

 
 
Analysis Project (AP) Phoenix is Europol’s operational project dealing with Trafficking 
in  Human  Beings  within  the  European  Serious  Organised  Crime  Centre.  AP  Phoenix 
aims  at  providing  operational  and  analytical  support  in  priority  trafficking  in  human 
beings investigations for all forms of exploitation as well as strategic intelligence picture 
on  trafficking  in  human  beings  and  organized  crime  groups  (OCGs)  impacting  the  EU 
and supporting the EMPACT activities. 

Since  its  opening  in  2007,  AP  Phoenix  has  developed  significantly  and  has  received  a 
continuously  increasing  number  of  contributions  through  the  years  from  its  operational 
partners.  AP  Phoenix  has  been  involved  in  the  planning,  preparation  and  delivery  of 
coordinated  actions,  providing  intelligence  packages  and  guidance  for  the  focus  of  the 
actions,  facilitating  information  exchange  and  providing  immediate  (24/7)  crosschecks 
against Europol’s centralised databases. 

Based on the intelligence shared by Member States and operational partners, AP Phoenix 
divides its work into priority areas on the most frequent types of exploitation occurring in 
Europe. Sexual  exploitation  is  by  far the most prominent  form  of trafficking in  the EU 
reported by the Member States to Europol, followed by labour exploitation as the second 
most prevalent form of exploitation. 

Europol  also  plays  a  key  role  in  the  EU  Policy  Cycle  2018-2021  /  EMPACT  to  tackle 
organised  and  serious  international  crime,  where  trafficking  in  human  beings  has  been 
identified  as  one  of  the  priority  crime  threats.  Implementation  is  carried  out  in  the 
framework of the EMPACT trafficking in human beings project, which is supported  by 
AP Phoenix through its active engagement in the EMPACT Operational Action Plan for 
trafficking. AP Phoenix also participated in CEPOL residential trainings and contributed 
to training initiatives in the area of trafficking in human beings. 

In  July  2019,  Europol  launched  the  Joint  Liaison  Task  Force  Migrant  Smuggling  and 
Trafficking  in  Human  Beings  (JLT-MS).  This  new  operational  platform  empowers 
liaison officers from all EU Member States, which are present at Europol, to step up the 
fight  against  constantly  adapting  criminal  networks  involved  in  trafficking  in  human 
beings. This new collaborative model focuses on developing intelligence-led coordinated 
actions  against  criminal  networks  involved  in  migrant  smuggling  and  trafficking  in 
human beings. Liaison officers from all EU Member States and operational cooperation 
partners  meet  regularly  and  work  closer  together  to  identify  networks,  prioritise 
investigation targets, prepare and execute cross-border operations. 

6.  European Union Agency for Fundamental Rights (FRA) 

The  focus  of  FRA’s  work  remained  on  child  trafficking,  trafficking  for  labour 
exploitation  and the situation at  the external  borders. FRA’s activities for the period of 
2017-2019 are referred to throughout the report, in the relevant sections. 

7.  European Border and Coast Guard Agency (Frontex) 

116 

 
 
In  2018,  Frontex  has  started  to  collect  data  on  arrivals  at  the  external  borders, 
disaggregated  by  the  age  and  gender  of  arriving  third-country  nationals,  as  well  as  the 
status of arriving children.  

Frontex  contributed  to  operational  work  and  cooperation  carried  out  under  EMPACT 
THB in 2018-2019, including as co-leader and participant in several operational actions 
with  a  focus  on  intelligence  collection,  support  to  Joint  Action  Days,  detection  of 
document fraud, support the detections and operations against the traffickers. 

As regards trafficking in human beings outside the EU, Frontex relies on experts from the 
network  of  Frontex  Liaison  Officers  (FLOs)  deployed  in  several  non-EU  countries  as 
well as experts deployed to the Common Security and Defence Policy (CSDP) missions 
and  operations.  The  FLOs  are  part  of  a  broader  network  of  other  European  liaison 
officers  deployed  outside  of  the  EU,  such  as  the  European  Migration  Liaison  Officers 
(EMLOs),  the  European  Return  Liaison  Officers  (EURLOs),  the  Immigration  Liaison 
Officers (ILOs) of EU Member States and future LOs of other EU agencies. 

8.  European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) 

The  EMCDDA  and  Europol  have  joined  forces  to  provide  the  third  comprehensive 
overview of illicit drug markets in the European Union with the publication of the 2019 
EU Drug Markets Report171. The report focuses on the drug supply chain, the associated 
criminal activities and actors, and the policy, strategic and operational responses to these 
and analyses numerous other topics, including links between drugs and other crimes.  

The  report  points  out  that  there  has  been  increased  recognition  of  the  potential  links 
between trafficking in human beings and drugs. 

9.  European Agency for the operational management of large-scale IT systems 

in the area of freedom, security and justice (eu-LISA) 

The  large-scale  IT  systems  managed  by  eu-LISA,  namely  the  Schengen  Information 
System  II,  Visa  Information  System  and  Eurodac  have  been  increasingly  used  by  the 
Member States, including to combat trafficking in human beings. As described in details 
in part 6.3.6, the large-scale IT systems developed or under development by eu-Lisa play 
role in detecting suspected traffickers and potential victims or persons that can be at risk 
of trafficking. 

10  European Foundation for the improvement of living and working conditions 

(Eurofound) 

Eurofound has contributed to the discussions and exchanges of the coordination meetings 
of the EU agencies within its mandate, including highlighting labour inspections. 

171 

https://www.emcdda.europa.eu/system/files/publications/12078/20192630_TD0319332ENN_PDF

.pdf  

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7.1. THE EXTERNAL DIMENSION 

As a  complex phenomenon, trafficking  in  human beings continues to be  systematically 
addressed  in  key  relevant  EU  policy  areas  ranging  from  security  to  migration,  justice, 
equality,  anti-discrimination,  fundamental  rights,  employment,  fisheries,  development 
research, humanitarian aid and amongst others. The external dimension is closely related 
to  the  internal  concerns  on  trafficking  in  human  beings.  The  Commission  carries  out 
extensive  work  in  EU  internal  and  external  policies  in  close  cooperation  with  the 
European External Action Services. Trafficking in human beings is addressed in a wide 
range of policy instruments, including, among others, EU Security Union Strategy172, the 
Global  Strategy  for  the  EU  Foreign  and  Security  Policy,  the  Action  Plan  on  Human 
Rights  and  Democracy  2020-2024173, 
the  Joint  Communication  “Towards  a 
comprehensive  strategy  with  Africa”174,  the  EU  Western  Balkans  Strategy,  European 
Neighbourhood Policy. 

The EU Western Balkans Strategy175 adopted in 2018 highlighted that organised crime, 
including  trafficking  in  human  begins  strongly  persist  in  the  region  and  set  out  an 
objective  to  effectively  dismantle  criminal  networks  and  set  forth  concrete  actions  to 
significantly  enhance  operational  cooperation  including  with  EU  agencies  in  the  fight 
against international organised crime, including trafficking in human beings. 

As highlighted in the Second Progress report, 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). 

Trafficking in human beings is regularly discussed also in the framework of the different 
EU-funded  regional  migration  and  mobility  dialogues,  notably  Rabat  and  Khartoum 
processes, as follow-up to the Joint Valletta Action Plan, to ensure engagement with third 
partner countries on the topic. In the framework of the Rabat process, an “Assessment of 
Anti-Trafficking  Gaps,  Needs  and  Transferrable  Practices  in  the  Member  States  of 
ECOWAS  and  Mauritania”  has  been  carried  out.  The  “Regional  Operational  Centre  in 
support of the Khartoum Process and AU-Horn of Africa Initiative (ROCK)”, which was 
established at the end of 2016 has been supporting the collection, exchange and analysis 
of information, joint investigations and enhancing the coherence of national and regional 
legal frameworks, with the objective to reduce the number of incidents of trafficking in 

172  COM(2020)  605 
strategy.pdf 

final,  https://ec.europa.eu/info/sites/info/files/communication-eu-security-union-

173   Annex to the Joint Communication to the European Parliament and the Council “EU Action Plan on 

Human Rights and Democracy 2020-2024”, JOIN(2020) 5 final, 
https://ec.europa.eu/transparency/regdoc/rep/10101/2020/EN/JOIN-2020-5-F1-EN-ANNEX-1-
PART-1.PDF  

174   Joint  Communication  to  the  European  Parliament  and  the  Council  “Towards  a  comprehensive 

strategy with Africa” JOIN(2020) 4 final, 
partnerships/system/files/communication-eu-africa-strategy-join-2020-4-final_en.pdf  

 https://ec.europa.eu/international-

175   COM(2018) 65 final. 

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human beings and smuggling of migrants through an enhanced regional capacity to better 
track  and  share  information  on  irregular  migration  flows  and  associated  criminal 
networks. 

Council Conclusions on EU priorities for cooperation with the Council of Europe 
2020-2022 176  

“The  EU  will  continue  strengthening  cooperation  with  the  Council  of  Europe  in  the 
fight  against  trafficking  in  human  beings  and  protecting  the  dignity  of  human  life 
Action against trafficking in human beings, especially women and girls,  requires joint 
efforts by a wide range of relevant actors and a coordinated and coherent approach in 
all relevant policy areas, such as security, migration, justice, equality, employment, and 
development in EU internal and external relations.” 

The  Council  of  Europe  and  the  OSCE  organised  jointly,  a  meeting  of  National  Anti-
Trafficking Co-ordinators and National Rapporteurs, held in Bratislava, Slovak Republic, 
on 22-23 October 2019 with the participation of the EU ATC. The meeting focused on 
enhancing  the  protection  of  child  victims  of  trafficking  and  measures  to  reduce  the 
demand  leading  to  trafficking  in  human  beings  for  different  purposes,  including  for 
labour  exploitation;  on  the  role  of  the  National  Anti-Trafficking  Coordinators  and 
National  Rapporteurs  in  engaging  civil  society  in  anti-trafficking  policy-making, 
prevention, identifying, assisting and supporting and protecting victims.177 

The  Commission  has  aligned  its  development  cooperation  to  the  2030  Agenda  for 
Sustainable  Development,  which  addresses  trafficking  in  human  beings  under  three 
specific targets  for the Sustainable Development  Goal,  including concerning trafficking 
of  women  and  girls  for  sexual  exploitation  (SDG  5.2),  eradication  of  trafficking  and 
forced  labour  (SDG  8.7)  and  trafficking  of  children  (SDG  16.2).  The  Commission 
contributes  to  the  process  for  the  review  of  the  implementation  of  the  UN  Convention 
against  Transnational  Organised  Crime  (UNTOC)  and  the  Protocols,  including  in  the 
area of trafficking in human begins.  

Regarding  humanitarian  aid,  the  Commission  continues  to  support  relevant  protection 
projects,  including  in  the  area  of  gender-based  violence,  child  protection,  awareness 
raising and training.  

The EU continues to promote adherence to international legal standards on trafficking in 
persons in line with the United Nations Convention against Transnational Organized 
Crime  (UNTOC)  and  its  Protocol  to  Prevent,  Suppress  and  Punish  Trafficking  in 
Persons,  Especially  Women  and  Children  (Palermo  protocol),  as 
the  primary 
international  legal  instruments  to  address  the  crime.  The  EU  remains  committed  to 
multilateralism and to work with partners supporting the full implementation of UNTOC 

176  https://data.consilium.europa.eu/doc/document/ST-9283-2020-INIT/en/pdf,  ;  Brussels,  13  July  2020 

(OR. en); 9283/20. 

177   9th General Report on GRETA’s activities; Covering the period from 1 January to 31 December 2019. 

119 

 
 
 
 
                                                      
and the Trafficking in Persons Protocol, and reiterate the need to adhere to international 
legal  standards.  In  2018,  the  Conference  of  the  Parties  to  the  UNTOC  established  a 
Mechanism for the Review of the Implementation of the UNTOC and the Protocols,178 to 
which State Parties and the EU contributes. 

The  Commission  continues  to  work  in  close  cooperation  with  the  European  Migration 
Liaison  Officers  (EMLOs)  who  are  tasked  to  address  trafficking  in  human  beings 
amongst other areas, including with EU Delegations in key countries of origin and with 
the support of relevant EU Agencies. Regulation (EU) 2019/1240 of 20 June 2019 on the 
creation of a European network of immigration liaison officers was adopted to enhance 
cooperation  and  coordination  among  immigration  liaison  officers  deployed  in  third 
countries  by  Member  States,  the  Commission  and  Union  bodies.  This  supports  more 
effectively the EU priorities in the area of migration, including preventing and combating 
irregular  migration  and  related  cross-border  criminality,  addressing  the  trafficking  in 
human beings and smuggling of migrants.  

The EU has played an important role in supporting the renewal in 2018 and 2019 of the United 
Nations  Security  Council  Resolution  2240  (2015)  -  related  to  migrant  smuggling  and    human  
trafficking  into, through and from the Libyan territory and off the coast of Libya - which the EU 
had initiated in 2015 with the launch of EUNAVFOR MED Operation Sophia (Op Sophia). The 
operation has played a decisive role in improving overall maritime security in the Central 
Mediterranean and has contributed to disrupting and dismantling the business model and 
criminal  networks  of  migrants  smugglers  and  traffickers  and  to  enhancing  cooperation 
with  a  wide  range  of  organisations  involved  in  the  fight  against  trafficking  in  human 
beings and migrant smuggling.  

Operation  EUNAVFOR  MED  IRINI  has  replaced  Operation  Sophia  from  31  March 
2020,  with  a  core  task  to  implement  the  UN  arms  embargo  in  Libya,  while  also 
contributing  to  disrupting  the  business  model  of  networks  for  migrant  smuggling  and 
trafficking in human beings.  

Through the civilian and military CSDP mission EUBAM Libya, the EU is also assisting 
the  authorities  in  Libya,  in  particular  in  the  areas  of  border  management,  law 
enforcement  and  criminal  justice,  with  a  view  to  contributing  to  efforts  to  disrupt 
organised criminal  networks involved notably in smuggling of migrants  and trafficking 
in human beings in Libya and the Central Mediterranean. In Niger, EU Capacity Building 
Mission  EUCAP  Sahel  Niger  continues  to  support  the  Nigerien  internal  security  forces 
(Police,  Gendarmerie  and  National  Guard)  in  strengthening  their  capacities  to  fight 
against organised crime and irregular migration, through advice, training and delivery of 
equipment.  

A  strengthened  EU  capacity  to  deploy  civilian  crisis  management  missions  can  also 
contribute  to  improving  security.  As  reiterated  by  the  Council,  civilian  CSDP  is  an 
important  tool  of  the  wider  EU  response  to  tackle  security  challenges,  including 

178   Resolution 9/1 Establishment of the Mechanism for the Review of the Implementation of the United 

Nations Convention against Transnational Organized Crime and the Protocols thereto. 

120 

 
 
                                                      
organised  crime179.  In  the  framework  of  a  Civilian  CSDP  Compact180,  the  Council  and 
the  Member  States  committed  to  foster  complementarity  between  the  civilian  and 
military  dimensions  of  CSDP,  including  in  areas  of  capability  development  and  the 
operational planning and conduct of missions deployed, in particular in mission support. 

The  Joint  Action  Plan  Implementing  the  Civilian  CSDP  Compact181  set  forth  a 
commitment  to  promote  closer  cooperation  and  synergies  between  civilian  CSDP 
missions,  Commission  services  and  Justice  and  Home  Affairs  (JHA)  actors,  from 
strategic  planning  to  operational  conduct  and  information  sharing,  including  by 
strengthening  the  JHA  related  expertise  within  relevant  CSDP  structures.  The  Join 
Action Plan also set a key action at EU level for the European External Action Service 
and  the  Commission  services,  including  JHA  agencies,  to  promote  regular  information 
exchange  between  CSDP  and  relevant  JHA  agencies  within  the  limits  of  their  legal 
frameworks. 

8.  IMPLEMENTATION OF EU LAW 

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

The  Commission  has  proactively  monitored  the  transposition  processes  of  the  Anti-
trafficking  Directive.  In  December  2016,  the  European  Commission  adopted  its 
“Transposition  report”  assessing  the  extent  to  which  Member  States  have  taken  the 
necessary measures in order to comply with the Anti-Trafficking Directive in accordance 
with  Article  23(1)182.  The  overview  in  the  report  showed  that  substantial  efforts  have 
been taken by the Member States to transpose the comprehensive instrument. In addition, 
it established significant room for improvement remains, in particular as regards specific 
child  protection  measures,  presumption  of  childhood  and  child  age  assessment,  the 
protection  before  and  during  criminal  proceedings,  access  to  unconditional  assistance, 
compensation, non-punishment, assistance and support to the family member of a child 
victim  as  well  as  prevention.  The  Transposition  report  highlighted  that  in  certain 
instances  the  Commission's  assessment  could  not  be  conclusive  and  stated  that  the 
Commission  is  not  precluded from  seeking additional information  from  Member States 
through  bilateral  contacts,  if  need  be.  The  Commission  received  new  pieces  of 
information between 2016- 2018. In this context, the findings of the Transposition report 
were  followed  up  via  information  requests  to  Member  States  in  March  2019  and  the 

179   Council Conclusions on strengthening civilian CSDP, 9288/18. 
180   Conclusions  of  the  Council  and  of  the  Representatives  of  the  Governments  of  the  Member  States, 

meeting within the Council, on the establishment of a Civilian CSDP Compact, 14305/18. 

181   Joint  Staff  Working  Document,  Joint  Action  Plan  Implementing  the  Civilian  CSDP  Compact 

8962/19. 

182   To be read in conjunction with the Report responding to the obligation of Article 23(2) COM(2016) 

719 of the  Anti-trafficking Directive. 

121 

 
 
                                                      
Commission received replies from all 27 Member States bound by the Directive183. The 
Commission  will  continue  to  monitor  the  implementation  of  the  Directive  by  Member 
States  in  accordance  with  its  powers  under  the  Treaties  and  may  take  the  appropriate 
action, including, where necessary, the initiation of infringement procedures. 

9.  FUNDING  

The  2017  Communication  of  the  European  Commission  identified  supporting 
anti-trafficking  objectives  and  priorities.  This  includes  projects  taking  particular 
account  of  the  gender  dimension  of  the  phenomenon,  high-risk  groups,  as 
well  as  high-risk  sectors  through  various  EU  funding  programmes,  such  as 
the Asylum, Migration and Integration Fund (AMIF), the Internal Security Fund 
(ISF)  Police  &  Borders,  Horizon  2020,  the  EU  Framework  Programme  for 
Research and Innovation, Justice Programme and Rights, Equality & Citizenship 
Programme, European Neighbourhood Instrument (ENI) and Instrument for Pre-
the  European 
accession  Assistance  (IPA),  Mobility  Partnership  Facility, 
Development Fund, the Development Cooperation Instrument, the EU Instrument 
contributing  to  Stability  &  Peace  (IcSP)  and  the  EU  Emergency  Trust  Fund  for 
Africa. 

Member  States  and  civil  society  organisations  have  been  extensively  involved  in 
dedicated anti-trafficking actions funded under the current 2014-2020 Asylum, Migration 
and  Integration  Fund  (AMIF)  and  Internal  Security  Fund  (ISF)  of  the  EU.  The 
Commission  proposal  for  the  future  Asylum  and  Migration  Fund  (AMF),  Internal 
Security  Fund  (ISF)  and  the  Border  Management  and  Visa  Instrument  (BMVI)  will 
enable  continued  support  for  anti-trafficking  objectives  and  actions.  Parallel  to  the 
legislative  negotiations,  the  preparations  towards  the  new  programming  period  (2021-
2027) have started for establishing the new national programmes under the three funds. 

Member  States  highlight  that  a  key  element  in  combatting  trafficking  in  human 
beings  is  to  identify  potential  solutions  by  working  with  partner  civil  society 
organisations who work with high-risk sectors of the economy and with vulnerable 
people.  Some  Member  States  (e.g.  AT,  LT  IE,  SK,  LV)  referred  expressly  that  the 
ministry  has  concluded  contracts  for  financial  support  with  certain  victim  support 
organisations with national budget, following applicable procedures. Victim support 
services are fully funded by the government in some Member States (e.g. LU). 

Few Member States report that their national programmes of the Internal Security 
Fund or the Asylum, Migration and Integration Fund (e.g. NL, DE, MT, RO, FI, CZ, 
SI, HU, EE) have supported anti-trafficking measures. The projects supported from these 
EU funding streams have diverse objectives, for example preventing and combatting the 
crime of trafficking, capacity building of operational entities to fight trafficking in human 
beings,  exchanging  of  information,  training  and  victim  support,  and  support  in  the 
asylum,  voluntary  return  and  integration  context.  With  the  support  of  the  Internal 

183   Denmark is not bound, UK is bound. 

122 

 
 
 
                                                      
Security Fund, the running of EU large-scale IT systems, such as the VIS, the EES and 
the  SIS  II,  is  also  enabled.  Furthermore,  the  Member  States  national  programmes  have 
also supported the setting up of Joint Investigation Teams (JITs).  

Member States  (e.g. AT, BG) reported on projects implemented via calls for proposals 
under ISF Police and AMIF Union grants for preventing trafficking and investigating 
the  criminal  offences,  capacity  building  and  supporting  its  EU  and  non-EU  national 
victims.  

The Commission's Directorate-General for Migration and Home Affairs published Union 
actions  calls  for  proposals  in  2017,  2018  and  2019  for  transnational  projects  with 
regard  to  assistance,  support  and  integration  of  Third  country  national  victims  of 
trafficking under AMIF with a total budget for these three years of EUR 8,62 million, 
and in 2017 and 2019 under ISF –Police for actions against trafficking in human beings 
with a total budget for these two years of EUR 5,25 million. The 2019 AMIF call for 
proposals included a topic aimed at support third country national victims of trafficking 
for projects for a total budget of EUR 2,550,000.184 

The  Commission's  Directorate-General  for  Migration  and  Home  Affairs  has 
allocated emergency financial support to the Italian Ministry of Interior to prevent and 
combat  trafficking  in  human  beings.  In  particular,  EUR  30,2  million  under  AMIF 
Emergency Assistance was provided in 2019 to assist third country nationals subject to 
labour exploitation in the agricultural sector in five regions in Southern Italy and support 
them through integration into the legal labour market (SU.PR.EME). In 2018,  EUR 5,3 
million under the same fund was dedicated to identify potential victims of trafficking in 
fast-track  protection  paths  and  provide  safe 
the 
accommodation (Project ALFA). In 2017, under ISF-Borders Emergency Assistance, 
Project  FALCO  (EUR  4.93  million)  supported  the  combatting  of  crimes  related  to  the 
trafficking  of  human  beings  during  the  surveillance  of  external  borders.  In  2016, 
financial  support  of  EUR  0.65  million  was  provided  for  the  implementation  of  an 
instrumental  needs  assessment  to  cope  with  migrant  smuggling  and  investigate  on 
trafficking connected with it. 

reception  system,  activate 

Other calls for proposals addressed trafficking in human beings. For example, EUR 7.5 
million in EU contribution under the Internal Security Fund-Police is provided for the 
‘Common  Operational  Partnership  (COP)  along  African  migratory  routes  against 
Migrant  Smuggling  and  Trafficking  in  Human  Beings’  project.  It  was  selected  in 
2019 with the aim of strengthening cooperation on migrant smuggling and trafficking in 
human  beings.  The  awarded  project  has  started  implementation  in  January  2020  and  is 
made  up  of  several  sub-projects  involving  EU  countries  (Austria,  France,  the 

184  https://ec.europa.eu/info/funding-tenders/opportunities/portal/screen/opportunities/topic-details/amif-

2019-ag-call-
05;freeTextSearchKeyword=;typeCodes=1;statusCodes=31094501,31094502,31094503;programCod
e=AMIF;programDivisionCode=null;focusAreaCode=null;crossCuttingPriorityCode=null;callCode=
AMIF-2019-AG-
CALL;sortQuery=submissionStatus;orderBy=asc;onlyTenders=false;topicListKey=callTopicSearchT
ableState 

123 

 
 
                                                      
Netherlands,  Germany,  and  Italy)  and  third  countries  (with  a  focus  on  Ivory  Coast, 
Guinea, Tunisia, Nigeria, as well as countries along the Horn of Africa route (including 
Ethiopia,  Niger,  Eritrea  and  Sudan)  and  the  African  Union  Mechanism  for  Police 
Cooperation (AFRIPOL).   

Some  Member  States  refer  expressly  to  the  use  of  EU  funds  and  the  financial  support 
from  EU  agencies’  budget  for  EMPACT  actions  increasingly  for  the  operational 
activities of the criminal police (e.g. AT, DE).  

Specific  funding  for  EU  anti-trafficking  action  is  also  referred  to  by  some  Member 
States. For example, Malta addresses trafficking  in human beings as part of Sexual and 
Gender Based Violence in the context of migration via a project funded by the European 
Union’s Rights, Equality and Citizenship Programme together with other 10 EU partner 
states, with the International Organisation for Migration leading the project.  

Many Member States reported on concrete amounts of available funding allocated 
to  anti-trafficking  objectives  and  some  reported  on  their  impact  and  results.  A 
recent  analysis  in  Italy  promoted  by  the  Department  for  Equal  Opportunities  in  Italy 
highlights  how,  in  the  last  four  years,  a  total  amount  of  EUR  50  million  have  been 
allocated  for  actions  to  combat  the  phenomenon  of  trafficking  and  social  protection  of 
victims, with an annual average of about EUR 12.5 million. Data allowed to assume that 
the annual need for resources is significantly higher than the current level of expenditure, 
given  the  uneven  territorial  distribution  of  interventions  and  funding.  The  need  was 
identified  on  the  combined  and  complementary  use  of  other  financial  resources  (EU, 
national and regional) in order to ensure that all the territories affected by trafficking in 
human beings are enabled covered for the assistance, protection of the rights of trafficked 
persons.  In  the  framework  of  the  National  Plan  against  Trafficking  and  Serious 
Exploitation, the funds to combat trafficking in  human beings have been doubled: until 
2015  the  allocation  was  about  8  million  euros  per  year,  while  in  2016  about  EUR  15 
million were made available for 18 projects lasting 15 months, up to EUR 22.5 million 
allocated in 2017 for 21 projects. 

Through  the  Horizon  2020  Framework  Programme  for  Research  and  Innovation,  and 
especially its Societal Challenge 7 “Secure Societies”, the EU also invested considerably 
in research and innovation to build and improve capabilities for security and border 
management  practitioners  to  prevent  and  respond  to  crime,  including  trafficking  in 
human  beings  and  to  protect  victims.  In  the  Horizon  2020  research  area  “Fight  against 
Crime and Terrorism”, some research projects study trafficking in human beings in close 
cooperation with law enforcement agencies in the EU and provide tools for example for 
investigations and mitigation. Furthermore, a call of EUR 5 million was recently open for 
proposals  regarding  new  human  and  societal  methods  to  prevent,      investigate      and   
mitigate trafficking in human beings and child sexual exploitation and on the protection 
of  victims185.  In  the  Horizon  2020  research  area  “Border  and  External  Security”,  over 
EUR 100 million have been invested in projects on innovation for border surveillance, 

185  https://ec.europa.eu/research/participants/data/ref/h2020/wp/2018-2020/main/h2020-wp1820-

security_en.pdf  

124 

 
 
                                                      
border  check  and  control,  and  customs  control  that  will  contribute  to  build,  among 
others,  future  capabilities  to  detect  illegal  activities,  including  trafficking  in  human 
beings;  identifying  and  protect  victims  of  this  crime;  and  investigating  cross-border 
trafficking crimes. The EU is committed to continue investing in research and innovation 
to improve knowledge and technologies to fight trafficking in human beings. 

The  EU-UN  Spotlight  Initiative,  a  multi-year  partnership  between  EU  and  UN  to 
eliminate  all  forms  of  violence  against  women  and  girls  by  2030,  targets  all  forms  of 
violence  against  women  and  girls,  including  trafficking  in  human  beings.  The  EU  has 
contributed an initial investment of €500 million to the initiative.  As part of the Spotlight 
Initiative, the International  Labour Organization and UN-Women, in collaboration 
with  UNODC, are  currently implementing  the “Safe  and  Fair”186 programme in the 
ASEAN187  region.  In  2019,  “Safe  and  Fair”  contributed  to  enhanced  quality  through 
technical  support  to  19  legal  and  policy  instruments  ranging  from  labour  migration 
regulations to national ending violence against women action plans and draft legislation 
on domestic work, with inputs provided so that they are gender-responsive and survivor-
centred.  For  instance,  in  Cambodia,  Safe  and  Fair  –  in  partnership  with  the  National 
Committee  for  Counter-Trafficking  and  the  Ministry  of  Social  Affairs,  Veterans  and 
Youth  Rehabilitation  –  enhanced  the  capacities  of  front-line  service  providers  on 
violence  against  women  and  identification  of  trafficking  in  human  beings.  Gender-
sensitive safe migration information, including risks of violence and trafficking and 
rights  during  migration,  was  provided  to  women  migrant  workers  in  Indonesia,  Lao 
People’s Democratic Republic, Malaysia, Myanmar, Singapore and Thailand.  

In  collaboration  with  United  Nations  Office  on  Drugs  and  Crime  (UNODC),  capacity 
development  of  police  and  justice  officials  was  undertaken  in  order  to  support  more 
effective  access  to  justice  and  reparation  remedies  for  women  survivors  of  violence, 
coupled with referrals and provision of quality essential services. For example, dialogues 
organized  on  coordinated  quality  services  for  women  migrant  workers  subjected  to 
violence  and  human  trafficking  in  Malaysia  contributed  to  enhancing  cross-sectoral 
referral mechanisms across the ending violence against women, migration and trafficking 
sectors  and  to  supporting  access  to  essential  services  for  women  migrant  workers  who 
face violence.  

The  Global  Action  against  Trafficking  in  Persons  and  the  Smuggling  of  Migrants 
(GLO.ACT)  - Asia and the Middle East  is  a  four-year (2018-2022), EUR  12 million 
joint  initiative  by  the  EU  and  the  UNODC  being  implemented  in  partnership  with  the 
IOM  in  four  countries:  Islamic  Republic  of  Afghanistan,  Islamic  Republic  of  Iran, 
Republic of Iraq and Islamic Republic of Pakistan. The Global Action against Trafficking 
in Persons and the Smuggling of Migrants (GLO.ACT) – Bangladesh is a parallel four-
year  (2018-2022),  joint  initiative  by  the  EU  and  the  UNODC  being  implemented  in 
partnership with the IOM. 

186   https://spotlightinitiative.org/safe-and-fair  

187 The Association of Southeast Asian Nations 

125 

 
 
                                                      
Both  GLO.ACT  Asia  and  the  Middle  East  and  GLO.ACT-Bangladesh  build  on  a 
global  community  of  practice  set  in  motion  in  GLO.ACT  2015-2019  and  assist 
governmental  authorities  and  civil  society  organisations  in  targeted,  innovative  and 
demand-driven  interventions:  sustaining  effective  strategy  and  policy  development, 
legislative  review  and  harmonisation,  capability  development,  and 
international 
cooperation. The project also provides direct assistance to victims of human trafficking 
and  vulnerable  migrants  through  the  strengthening  of  identification,  referral,  and 
protection mechanisms.  

Dismantling  the  Criminal  Networks  Operating  in  North  Africa  and  Involved  in 
Migrant  Smuggling  and  Human  Trafficking  is  a  EUR  15  million  project  (2019  – 
2022) implemented by UNODC. This regional programme aims at stepping up efforts in 
the North  Africa  region  to  combat both  migrant  smuggling  and human trafficking. The 
project covers Algeria, Egypt,  Libya, Morocco and Tunisia and focuses on the regional 
dimension  of  the  fight  against  smugglers  and  traffickers  while  strengthening  national 
criminal justice capacities and upholding the rights of migrants, refugees, asylum seekers 
and vulnerable groups. The overall objective is to enhance the capacities of Egypt, Libya, 
Morocco and Tunisia to effectively dismantle criminal organisations involved in migrant 
smuggling and human trafficking.  

As continued action, the EU has been providing funding to anti-trafficking actions in 
non-EU countries through its external financing instruments, such as the EU Trust Fund 
the  European  Fund  for 
for  Africa, 
Development,  the  Technical  Assistance  and  Information  Exchange  instrument  of  the 
European Commission (TAIEX) and the Instrument for Pre-Accession Assistance (IPA). 

the  Development  Cooperation  Instrument, 

Relevant  EU-funded  projects  in  this  context  include  “Organized  Crime:  West  African 
Response to Trafficking - OCWAR-T project”, EUR 20 million, to combat trafficking in 
human  beings,  drugs,  firearms,  organised  crime  and  terrorism;  “Support  to  Free 
Movement  of  Persons  and  Migration  in  West  Africa  –  FMM  West  Africa”,  EUR  26 
million, which build ECOWAS capacity in counter-trafficking, alongside migration data 
management, border management, and labour migration; the second phase of the “Better 
Migration Management programme” adopted in May 2019, EUR 30 M, and a CIVIPOL 
project “Disrupting criminal trafficking and smuggling networks through increased anti-
money  laundering  and  financial  investigation  capacity  in  the  Greater  Horn  of  Africa” 
adopted in December 2018, EUR 5 million, aiming at better equipping relevant country 
agencies to disrupt the traffickers and smugglers of human beings through efficient use of 
financial investigations and anti-money laundering approaches. 

 Anti-trafficking activities implemented with support from the Technical Assistance and 
Information  Exchange instrument of the European Commission  (TAIEX) in  2017-2019 
in  the  area  of  trafficking  in  human  beings  and  the  Instrument  for  Pre-Accession 
Assistance  (IPA/  ICsP)  were  carried  out,  among  others,  in  Bosnia-Herzegovina, 
Montenegro, Serbia, Albania, Kosovo and Turkey.     

126 

 
 
10. - 

ANNEX: LIST OF REFERENCED DOCUMENTS 

EU Legislation 

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  

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 

Directive (EU) 2019/1153 of the European Parliament and of the Council of 20 June 
2019 laying down rules facilitating the use of financial and other information for the 
prevention,  detection,  investigation  or  prosecution  of  certain  criminal  offences,  and 
repealing Council Decision 2000/642/JHA, OJ L 186, 11.7.2019, p. 122–137 

Directive (EU) 2018/843 of the European Parliament and of the Council of 30  May 
2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial 
system  for  the  purposes  of  money  laundering  or  terrorist  financing,  and  amending 
Directives 2009/138/EC and 2013/36/EU, OJ L 156, 19.6.2018, p. 43–74 

Directive  (EU)  2018/1673  of  the  European  Parliament  and  of  the  Council  of  23 
October  2018  on  combating  money  laundering  by  criminal  law,  OJ  L  284, 
12.11.2018, p. 22–30 

Directive 2012/29/EU of the European Parliament and of the Council of 25 October 
2012 establishing minimum standards on the rights, support and protection of victims 
of  crime,  and  replacing  Council  Framework  Decision  2001/220/JHA,  OJ  L  315, 
14.11.2012, p. 57–73 

Council  Directive  2004/80/EC  of  29  April  2004  relating  to  compensation  to  crime 
victims, OJ L 261, 6.8.2004, p. 15–18 

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 

Regulation  (EU)  2018/1805  of  the  European  Parliament  and  of  the  Council  of  14 
November 2018 on the mutual recognition of freezing orders and confiscation orders, 
OJ L 303, 28.11.2018, p. 1–38 

Regulation (EU) 2019/1149 of the European Parliament and the Council of 20 June 
2019  establishing  a  European  Labour  Authority,  amending  Regulations  (EC)  No 
883/2004,  (EU)  No  492/2011,  and  (EU)  2016/589  and  repealing  Decision  (EU) 
2016/344, OJL-186, 11.07.2019, p 21 

127 

 
 
Regulation  (EU)  2018/1862  of  the  European  Parliament  and  of  the  Council  of  28 
November 2018 on the establishment, operation and use of the Schengen Information 
System  (SIS) in  the  field of police cooperation  and judicial  cooperation  in  criminal 
matters,  amending  and  repealing  Council  Decision  2007/533/JHA,  and  repealing 
Regulation  (EC) No 1986/2006  of the European  Parliament  and of the Council and 
Commission Decision 2010/261/EU, OJ L 312, 7.12.2018, p. 56–106 

Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 
June 2013 establishing the criteria and mechanisms for determining the Member State 
responsible for examining an application for international protection lodged in one of 
the  Member  States  by  a  third-country  national  or  a  stateless  person,  OJ  L  180, 
29.6.2013 

Non-legislative documents 

Council  of  the  European  Union,  EU  Policy  Cycle  to  tackle  organised  and  serious 
international  crime  2018/2021  –  Factsheets  of 
results  2019,  7623/20, 
https://data.consilium.europa.eu/doc/document/ST-7623-2020-INIT/en/pdf  

European  Commission,  Communication  on  the  EU  Security  Union  Strategy, 
COM/2020/605 
https://eur-lex.europa.eu/legal-
content/EN/TXT/?uri=COM:2020:605:FIN  

final; 

European  Commission,  Communication  on  EU  Strategy  on  victims'  rights  (2020-
2025),  COM(2020)  258  final,  https://ec.europa.eu/info/files/eu-strategy-victims-
rights-2020-2025_en 

European  Commission,  Communication  “A  Union  of  Equality:  Gender  Equality 
Strategy 
https://eur-lex.europa.eu/legal-
2020-2025”,  COM/2020/152 
content/EN/ALL/?uri=COM:2020:152:FIN  

final 

European  Commission,  Communication  on  EU  strategy  for  a  more  effective  fight 
against  child  sexual  abuse,  COM(2020)  607  final,  https://ec.europa.eu/home-
affairs/sites/homeaffairs/files/what-we-do/policies/european-agenda-
security/20200724_com-2020-607-commission-communication_en.pdf  

European  Commission,  Communication  on  EU  Agenda  and  Action  Plan  on  Drugs 
2021-2025, 
https://eur-lex.europa.eu/legal-
final; 
content/EN/TXT/?uri=CELEX:52020DC0606  

COM/2020/606 

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 
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.pd
f  

(2017)  728 

European  Commission,  Communication  on  an  Action  Plan  for  a  comprehensive 
Union  policy  on  preventing  money  laundering  and  terrorist  financing,  C/2020/2800 

128 

 
 
final; 
content/EN/TXT/?uri=PI_COM%3AC%282020%292800  

https://eur-lex.europa.eu/legal-

European  Commission,  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 
https://eur-lex.europa.eu/legal-
content/EN/ALL/?uri=COM%3A2018%3A777%3AFIN  

COM(2018) 

victims, 

final, 

777 

European  Commission,  Staff  Working  Document,  Accompanying  the  document 
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; 
https://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:52018SC0473&from=EN  

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) 
https://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/report_on_the_progress_made_in_the_fight_agai
nst_trafficking_in_human_beings_2016.pdf  

final; 

267 

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  

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_dire
ctive_2011-36_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 
https://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/report_on_impact_of_national_legislation_relate
d_to_thb_en.pdf  

final; 

European  Commission,  Report  on  the  implementation  of  national  Roma  integration 
strategies 
https://eur-lex.europa.eu/legal-
final; 
content/EN/TXT/?uri=CELEX%3A52019DC0406  

2019,  COM/2019/406 

– 

129 

 
 
European  Commission,  Report  on  the  interconnection  of  national  centralised 
automated mechanisms (central registries or central electronic data retrieval systems) 
of  the  Member  States  on  bank  accounts,  COM(2019)  372  final,  https://eur-
lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52019DC0372  

European Commission, Report of the Special Adviser, J. Milquet, to the President of 
the  European  Commission  “Strengthening  Victims’  Rights:  from  Compensation  to 
Reparation.  For  a  new  EU  Victims’  rights  strategy  2020-2025”,  March  2019 
https://ec.europa.eu/info/sites/info/files/strengthening_victims_rights_-
_from_compensation_to_reparation_rev.pdf  

European  Commission,  Joint  Statement  of  commitment  to  working  together  against 
https://ec.europa.eu/anti-
trafficking 
trafficking/sites/antitrafficking/files/eu_agencies_joint_statement_of_commitment_to
_working_together_to_address_thb.pdf  

beings, 

human 

2018; 

in 

European  Commission,  High  Representative  of  the  Union  for  Foreign  Affairs  and 
Security  Policy,  Joint  Action  Plan  Implementing  the  Civilian  CSDP  Compact, 
8962/19, https://data.consilium.europa.eu/doc/document/ST-8962-2019-INIT/en/pdf  

European  Commission,  Staff  Working  Document  Sustainable  garment  value  chains 
through 
final; 
https://ec.europa.eu/transparency/regdoc/rep/10102/2017/EN/SWD-2017-147-F1-
EN-MAIN-PART-1.PDF  

development 

SWD(2017) 

action, 

147 

EU 

European  Commission,  Communication,  Guidelines  on  non-financial  reporting 
(methodology  for  reporting  non-financial  information),  C/2017/4234,  OJ  C  215, 
5.7.2017, 
https://eur-lex.europa.eu/legal-
content/EN/TXT/?uri=CELEX:52017XC0705(01)  

1–20, 

p. 

European Commission, Communication ‘A credible enlargement perspective for and 
enhanced  EU  engagement  with  the  Western  Balkans’,  COM/2018/065  final; 
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52018DC0065  

European Commission and High Representative of the Union for Foreign Affairs and 
Security  Policy,  Joint  Communication  to  the  European  Parliament  and  the  Council 
final, 
“Towards  a  comprehensive 
https://ec.europa.eu/international-partnerships/system/files/communication-eu-africa-
strategy-join-2020-4-final_en.pdf  

strategy  with  Africa” 

JOIN(2020)  4 

Annex to the Joint Communication to the European Parliament and the Council “EU 
Action  Plan  on  Human  Rights  and  Democracy  2020-2024”,  JOIN(2020)  5  final, 
https://ec.europa.eu/transparency/regdoc/rep/10101/2020/EN/JOIN-2020-5-F1-EN-
ANNEX-1-PART-1.PDF   

European  Commission,  Study  on  high-risk  groups  for  trafficking  in  human  beings, 
https://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/study_on_children_as_high_risk_groups_of_traff
icking_in_human_beings_0.pdf  

130 

 
 
European  Commission  2018,  “Working  together  to  address  trafficking  in  human 
https://ec.europa.eu/anti-
a 
in 
beings: 
trafficking/sites/antitrafficking/files/key_concepts_in_a_nutshell.pdf 

nutshell” 

concepts 

Key 

European  Parliament  resolution  of  26  November  2019  on  children’s  rights  on  the 
occasion  of  the  30th  anniversary  of  the  UN  Convention  on  the  Rights  of  the  Child 
(2019/2876(RSP)), 
P9_TA(2019)0066; 
https://www.europarl.europa.eu/doceo/document/TA-9-2019-0066_EN.pdf  

European  Parliament,  Study  for  the  FEMM  Committee:  Cyber  violence  and  hate 
speech 
(2018); 
against 
https://www.europarl.europa.eu/RegData/etudes/STUD/2018/604979/IPOL_STU(20
18)604979_EN.pdf  

women 

online 

Council 
https://data.consilium.europa.eu/doc/document/ST-14750-2019-INIT/en/pdf  

conclusions 

victims’ 

rights, 

on 

14750/19, 

Council conclusions on setting the EU's priorities for the fight against organised and 
serious 
9450/17; 
between 
http://data.consilium.europa.eu/doc/document/ST-9450-2017-INIT/en/pdf  

international 

crime 

2021, 

2018 

and 

Council  conclusions  on  combating  the  sexual  abuse  of  children,  12862/19; 
https://data.consilium.europa.eu/doc/document/ST-12862-2019-INIT/en/pdf  

Council  conclusions  on  enhancing  financial  investigations  to  fight  serious  and 
organised  crime,  8927/20,  https://data.consilium.europa.eu/doc/document/ST-8927-
2020-INIT/en/pdf  

Council  conclusions  on  EU  priorities  for  cooperation  with  the  Council  of  Europe 
2020-2022,  9283/20,  https://data.consilium.europa.eu/doc/document/ST-9283-2020-
INIT/en/pdf  

Council Conclusions on strengthening civilian CSDP, 9288/18 

Conclusions  of  the  Council  and  of  the  Representatives  of  the  Governments  of  the 
Member States, meeting within the Council, on the establishment of a Civilian CSDP 
Compact, 14305/18 

European  Economic  and  Social  Committee,  Opinion  on  the  situation  of  Roma 
women,  SOC/585;  https://www.eesc.europa.eu/en/our-work/opinions-information-
reports/opinions/situation-roma-women-exploratory-opinion-european-parliament  

United Nations General Assembly, Resolution on Improving the Coordination Efforts 
against Trafficking in  Human Beings,  Improving the coordination of efforts against 
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Eurojust  2019,  Report  on  Eurojust’s  Casework 
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in  Asset  Recovery, 

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European Asylum Support Office 2019, Report  on  asylum procedures for children, 
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European  Monitoring  Centre  for  Drugs  and  Drug  Addiction  and  Europol  2019,  EU 
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Markets 

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Europol  2020,  Beyond  the  pandemic-  How  Covid  19  will  shape  the  serious  and 
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demic.pdf  

crime 

the 

in 

Financial 

Europol 2020, Enterprising Criminals – Europe’s Fight against the Global Networks 
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of 
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f  

Economic 

and 

Europol  2015,  Financial  Business  Model  of  Trafficking  in  Human  Beings; 
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Europol  2020,  European  Migrant  Smuggling  Centre  4th  Annual  report  –  2019; 
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Europol  2019,  European  Migrant  Smuggling  Centre,  3rd  Annual  Activity  Report  – 
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European  Union  Agency  for  Fundamental  Rights  2019,  European  Commission, 
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132 

 
 
own:  A  guide  to  enhance  child  protection  focusing  on  victims  of  trafficking, 
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European Union Agency for Fundamental Rights 2019, Integration of young refugees 
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practices 

good 

EU: 

and 

the 

European  Union  Agency  for  Fundamental  Rights  2019,  Protecting  migrant  workers 
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exploitation 

workers’ 

EU: 

the 

in 

exploitation 

European  Union  Agency  for  Fundamental  Rights  2018,  Protecting  migrant  workers 
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boosting  workplace 

EU: 

the 

in 

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European  Union  Agency  for  Fundamental  Rights  2015,  Guardianship  systems  for 
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responding 

role 

in 

to 

2018, 

2018; 
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Analysis 

Risk 

for 

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Children 

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at 

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Investigations  Related 

to  Trafficking 

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133 

 
 
Global 

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on 

in 

Persons 

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Italy.  UNICEF,  UNHCR, 

to  Adulthood 

134