COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS A renewed EU action plan against migrant smuggling (2021-2025)
Date: 2021-09-29
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU action, EU migration policy, external border of the EU, illegal migration, international cooperation, migrant, organised crime, right of asylum, third country, trafficking in human beings

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 29.9.2021  COM(2021) 591 final  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS A renewed EU action plan against migrant smuggling (2021-2025)  
 
 
Introduction 

Providing a strong European response to migrant smuggling inside and outside the EU is an 
essential  part  of  the  comprehensive  approach  to  migration,  set  out  in  the  New  Pact  on 
Migration  and  Asylum1.  Migrant  smuggling  is  a  cross-border  criminal  activity  that  puts  the 
lives of migrants at risk, showing disrespect for human life and dignity in the pursuit of profit, 
and undermines the migration management objectives of the EU and the fundamental rights of 
the people concerned.  

While progress has been achieved at EU level with the necessary structures in place such as 
the  establishment  of  Europol’s European  Migrant  Smuggling  Centre  and  strengthening 
operational cooperation between EU Member States’ law enforcement agencies, relevant EU 
Agencies and partner countries, resulting in  the  dismantling  some of the criminal  networks, 
migrant smuggling remains a serious challenge that needs to be continuously, concertedly and 
collectively tackled further. 

The European Council, in its conclusions of 24-25 June 20212, reaffirmed the importance of 
the fight against smugglers, raised serious concerns on the developments on some migratory 
routes  requiring  urgent  action  and  called  for  a  whole-of-route  approach  to  tackle  them, 
including  by  eradicating  migrant  smuggling  and  trafficking  in  human  beings.  Furthermore, 
following  the  European  Council  conclusions  of  24-25  May  20213,  and  in  response  to  the 
increasing  role  of  State  actors  in  facilitating  irregular  migration  and  using  human  beings  to 
create  pressure  at  the  EU’s  external  borders,  the  EU  and  its  Member  States  have  expressed 
their strong determination, and have acted jointly, to respond to these threats and effectively 
protect  the  EU’s  external  borders  against  the  instrumentalisation  of  migration  for  political 
purposes.  

Stepping  up  the  response  to  migrant  smuggling  is  a  common  challenge  for  the  EU,  its 
Member  States  and  partner  countries  alike.  It  requires  a  whole-of-route  approach  which 
combines  international  cooperation  and  coordination  with  our  partners  and  between  the 
Member States to break the business model of smugglers. 

Working  with  partner  countries  to  reduce  the  incentives  to  embark  on  dangerous  journeys 
entails supporting them on the whole range of migration-related aspects, providing protection 
to those in need, addressing the root causes of irregular migration, creating job opportunities 
and promoting decent work, promoting legal migration and safe legal pathways to Europe, as 
well as strengthening their border and migration management capacities. The effective return 
and sustainable reintegration of those without a legal right to stay in the EU also contributes 
to reducing the incentives for irregular migration and provides the opportunity for a new start 
to people who return to their countries of origin4. The possibility for irregular migrants to find 
a job in the informal economy is one of the key drivers of irregular migration. The effective 
implementation  of  the  Employers  Sanctions  Directive 5  is  important  to  deter  irregular 

1 COM(2020)609 final. 
2  European  Council  meeting  (24 and  25 June  2021)  –  Conclusions,  Council  document  EUCO  7/21  of 
25 June 2021. 
3 Special meeting of the European Council (24 and 25 May 2021) – Conclusions, Council document EUCO 5/21 
of 25 May 2021. 
4 COM(2021)120 final. 
5 Directive 2009/52/EC (OJ L 168, 30.6.2009, p. 24). 

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migration  and  to  protect  the  rights  of  irregular  migrant  workers.  The  Commission  is 
presenting,  together  with  this  renewed  EU  action  plan,  its  assessment  of  the  state  of 
implementation,  accompanied  by  a  set  of  measures  needed  in  order  to  reinforce  its 
effectiveness,  focusing  on  sanctions  against  employers,  measures  to  protect  the  rights  of 
irregular migrants and inspections6. 

The renewed EU action plan against migrant smuggling (2021-2025) – which takes account of 
the  results  of  targeted  stakeholder  consultations,  as  well  as  a  public  consultation7 –  sets  out 
the key pillars and concrete actions needed to counter and prevent smuggling, and to ensure 
that  the  fundamental  rights  of  migrants  are  fully  protected.  It  builds  on  and  promotes  the 
continued implementation and renewal of the successful actions launched under the EU action 
plan 2015-20208. At the same time, the EU needs to  strengthen its response to  the new and 
evolving  reality  and  practices  that  are  emerging  along  the  migratory  routes,  in  cooperation 
with countries of origin and transit, in a spirit of partnership and mutual responsibility.  

The renewed EU action plan contributes to the implementation of the New Pact on Migration 
and  Asylum  (the  New  Pact),  by  aiming  to  prevent  loss  of  life,  reduce  unsafe  and  irregular 
migration and facilitate orderly migration management and the establishment of a sustainable 
EU migration and asylum policy. By contributing to the disruption of criminal businesses, it 
also supports the objectives of the EU Security Union Strategy9, as well as the EU Strategies 
to  tackle  Organised  Crime  2021-2025 10 and  on  Combating  Trafficking  in  Human  Beings 
2021-2025 that will be implemented in full synergy11. 

1.  The migrant smuggling situation 

According  to  the  European  Union  Agency  for  Law  Enforcement  Cooperation  (Europol), 
more  than  90%  of  the  irregular  migrants  that  reach  the  EU  make  use  of  smugglers, 
either during parts or all of their journey. Two thirds of them do not meet the criteria for being 
granted international protection and will eventually need to be returned. Restrictive measures 
in the context of the COVID-19 pandemic made migrant smuggling more complex, leading to 
an increased involvement of criminal networks, higher prices and ultimately higher profits. In 
the first half of 2021, the illegal border crossings increased by 59% as compared to the same 
period in 2020. It is clear that migrant smugglers adapted quickly to new circumstances: after 
an initial slow-down during March and April 2020, activities quickly resumed12.  

6 COM(2021)592 final. 
7 A public consultation was conducted from 19 March 2021 to 11 June 2021.  
8 COM(2015)285 final. 
9 COM(2020)605 final. 
10 COM(2021)170 final. 
11 COM(2021)171 final. The main difference between migrant smuggling and trafficking in human beings is that 
in the former migrants willingly engage in the irregular process by paying for the services of a smuggler to cross 
an international border; in the latter, people are trafficked for exploitation purposes, they are victims in need of 
assistance and support,  and activities are  not necessarily cross-border. The two phenomena are  often linked as 
smuggled  persons  can  become  victims  of  traffickers  for  labour,  sexual  or  other  exploitation  purposes.  This  is 
why the renewed EU action plan contributes to both disrupting traffickers’ business and to fighting smuggling 
networks. 
12 European Migrant Smuggling Centre, 5th Annual Report – 2021 (Europol, 2021). 

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Criminal smuggling networks – how they operate 

Smugglers put people’s lives at risk, offering false perspectives and causing serious harm 
to migrants. The fundamental rights of migrants are often gravely violated and migrants are 
often  unable  to  seek  help  due  to  their  irregular  status.  Migrants  –  particularly  those  in 
vulnerable situations such as children and unaccompanied minors – are exposed to violence, 
extortion, exploitation, rape, abuse, theft, kidnapping and even homicide13. According to the 
International  Organization for Migration, since 2014, over 20 000 migrants  have died while 
attempting to cross the Mediterranean Sea, of which 1 369 in 2021.  

Migrant smuggling is a key activity for criminal networks sustained by continued demand. 
This demand is expected to continue, fuelled by several drivers: demographic growth with the 
accompanying  socio-economic  difficulties  and  lack  of  job  opportunities,  discrimination, 
instability, conflicts, environmental degradation and climate change, the perception of the EU 
as  an  economically,  politically,  socially  and  environmentally  more  stable  region; 
disinformation and the false narrative of smugglers, attracting migrants to embark on perilous 
journeys with promises that do not match reality. In addition, in the medium and long-term, 
the  sanitary,  economic,  social  and  political  consequences  of  the  pandemic  may  incentivise 
irregular migration towards Europe, thereby sustaining the demand for smuggling services. In 
the past,  countries  particularly  affected by prolonged unemployment  have become  countries 
of  origin,  both  for  migrant  smuggling  and  trafficking  in  human  beings  to  more  affluent 
countries14.  Moreover,  weakening  economic  conditions  in  the  EU  may  increase  the  demand 
for cheap labour on the  black market,  which is  more likely to  attract  irregular migrants  and 
lead to labour exploitation, including forced labour.  

Smuggling networks are able to rapidly adapt their offer of illicit services. They function in 
different  ways,  depending  on  the  geographical  locations  and  context  in  which  they  operate. 
They offer various services, including different transport modes, safe houses along the route 
and fraudulent travel documents. For air transport, document fraud for identity cards and visas 
plays a key role, whereas by land, concealment in vehicles or even walking across borders is 
part of the journey. 

Smugglers  make  use  of  various  payment  systems,  ranging  from  online  methods  to 
underground banking systems, where money is deposited and collected upon delivery of the 
agreed  service.  Digital  smuggling  is  a  new  challenge  to  law  enforcement  and  judicial 
authorities as smugglers increasingly use digital services and tools, such as social media and 
mobile  applications  for  recruitment,  communication  and  money  transfers,  pick-ups  and 
handover  of  migrants,  providing  route  guidance,  sharing  pictures  and  videos  of  documents 
and tickets, and even monitoring law enforcement activities.  

It  is  estimated  that  smuggling  networks  make  substantial  profits  from  their  criminal 
activities,  ranging  between  EUR 4.7  –  6  billion  worldwide  annually 15 .  While  prices  of 
smuggling  services  appear  to  vary  according  to  the  routes  and  the  facilitation  services 

13 Global study on smuggling of migrants (United Nations Office on Drugs and Crime, 2018). 
14 United Nations Office on Drugs and Crime (UNODC), Research Brief ‘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’ (UNODC, 14 May 2020). 
15 Global study on smuggling of migrants (United Nations Office on Drugs and Crime, 2018). 

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provided,  investigations  of  migrant  smuggling  cases  have  shown  that  prices  of  smuggling 
services can generally reach EUR 20 000 per individual.  

The profile, organisation and activities of smugglers and smuggling networks, as well as the 
level  of  illicit  services  provided,  differ  significantly  according  to  socio-economic,  political 
and cultural  contexts  in  partner  countries. Migrant  smuggling as an illicit economic activity 
supports a much wider range of activities in the countries of origin, transit and destination, 
from shop owners selling life jackets or travel supplies, to vehicle rentals, to owners of vessels 
and  hotels  in  certain  transport  hubs,  to  money  transfer  shops.  Smuggling  networks  often 
depend  on  established  links  within  the  community,  through  which  smugglers’  services  are 
recommended to other potential migrants and payments are ensured16.  

Organised  crime  structures  capable  of  carrying  out  sophisticated  operations  that  cover  the 
full  range  of  migrant  smuggling  services  along  the  entire  route  constitute  a  high  risk  to 
Europe’s  security,  in  particular  the  individuals  in  the  higher  echelons  of  these  criminal 
organisations. Approximately 50% of the networks involved in migrant smuggling are  poly-
criminal,  involved  also  in  trafficking  in  human  beings,  drug  trafficking,  excise  fraud, 
firearms  trafficking  and  money  laundering17.  Criminal  networks  increasingly  organise  sham 
marriages as part of sophisticated fraud schemes, generating profits by luring mainly women 
in  vulnerable  positions  into  an  activity  that  appears  to  earn  them  ‘easy  money’  but  instead 
traps them in a web of exploitation and abuse18. 

In  some  cases  these  networks  have  links  with  violent  criminal  organisations  and/or  armed 
groups,  such  as  in  some  areas  of  the  Sahel,  paying  for  the  safe  transit  across  sections  of 
territory under their control. In other cases, such as in Libya, local militias appear increasingly 
involved in smuggling activities.  

Developments in irregular migration flows 

While the routes  can  change rapidly in  response to  increased border measures and  controls, 
law enforcement activities or security risks, the smuggling hubs where the demand and supply 
of  smuggling  services  meet,  tend  to  be  relatively  stable.  Usually  these  are  capitals  or  main 
cities situated at crossroads of important migratory routes. Migrant smugglers recruit potential 
migrants  proactively,  including  through  misinformation  campaigns  concerning  routes,  risks 
and  conditions  in  destination  countries.  The  three  Mediterranean  Sea  routes  (Western, 
Central,  and  Eastern)  as  well  as  the  Western  African  route  (also  often  referred  to  as  the 
Atlantic route) are still predominantly used by smuggling networks to bring irregular migrants 
into the EU. It is estimated that 85% to 90% of migrant smuggling into the EU is enabled by 
sea.  

On  the  Central  Mediterranean  route,  arrivals  to  Italy  and  Malta  have  shown  a  steady 
increase  compared  to  2020.  On  the  Western  Mediterranean  /  Atlantic  route,  Algeria  has 
emerged  as  a  key  departure  point  to  mainland  Spain  and  the  Canary  Islands  have  been 
increasingly  targeted  along  the  West  African  route.  Since  August  2019,  the  Canary  Islands 

16  Typology  of  Migrant  Smuggling:  A  holistic  understanding  (International  Centre  for  Migration  Policy 
Development, April 2021). 
17 EU Serious and Organised Crime Threat Assessment 2021 (Europol). 
18 Prices range from EUR 15 000 to EUR 20 000 per arranged smuggling activity a sham marriage (Report on 
national legislation and Eurojust casework analysis on sham marriages (Eurojust, 2020)). 

4 

 
 
                                                           
have seen a gradual rise of detected illegal border crossings at sea, while an exponential surge 
has been observed since August  2020.  On the  Eastern  Mediterranean  route,  although the 
overall  migration  flows  to  Greece  and  Bulgaria  have  decreased  over  time,  they  remain 
constant.  The  demand  for  migrant  smuggling  by  migrants  transiting  the  Western  Balkans 
remains  high.  As  a  result  of  the  travel  restrictions  imposed  in  response  to  the  COVID-19 
pandemic, the number of migrants who remain in the Western Balkans has increased during 
2020 and 2021. Continued instability in countries like Syria or South Sudan could sustain or 
increase migratory pressure19. The ongoing crisis in Afghanistan may further increase the 
risk of forced displacement, migratory flows in the region and migrant smuggling towards the 
EU.  In  line  with  Council  conclusions  of  21  September  2021,  the  EU  will  also  initiate  a 
regional political platform of cooperation with Afghanistan direct neighbours to help prevent 
the negative spill-over effects in the region and support the economic resilience and regional 
economic cooperation, as well as humanitarian and protection needs. 

Smuggling does not stop at the external borders of the EU. The offer for facilitation services 
for  unauthorised  movements  within  the  EU  is  diverse.  Smuggling  networks  continue  to 
exploit  routes  within  the  EU  from  Spain,  Italy  or  Greece  to  France,  Germany  and  others, 
facilitating  movements  of  irregular  migrants  by  land,  on  foot  or  in  vehicles,  boats  and 
airplanes. A common modus operandi is the concealment in closed compartments or the use 
of  rental  cars.  Smugglers  offer  their  services  online  and  at  places  where  most  migrants  are 
present, such as in the neighbourhoods of reception centres. Smugglers use document fraud to 
facilitate travel by air and, at times, offer services to legalise the residence status of migrants. 
Irregular migrants often aim to reach countries within the EU or the United Kingdom where 
they  have  family,  friends  or  diaspora  present,  and  where  they  consider  to  have  the  best 
prospects  for  getting  a  job  and  providing  for  themselves.  There  is  emerging  evidence  that 
smugglers  are  facilitating  the  unauthorised  movements  of  beneficiaries  of  international 
protection. 

Instrumentalisation of irregular migration by State actors  

A highly worrying phenomenon observed recently is the increasing  role  of  State  actors  in 
artificially  creating  and  facilitating  irregular  migration,  using  migratory  flows  as  a  tool 
for political purposes20.  

Since June 2021, a new and serious development intended to destabilise the European Union 
and  its  Member  States,  has  been  observed  with  Belarus  retaliating  to  EU  sanctions  by 
organised  state-sponsored  smuggling  of  migrants  into  the  EU  by  plane  from  several  third 
countries (mainly from Iraq, as well as from the Republic of the Congo, Cameroon, Syria and 
others),  usually  with  a  valid  visa  or  visa-free.  Belarus  announced  the  suspension  of  the  EU 
readmission agreement ratified in 2020 and refused to take back those irregular migrants who 
transited through Belarus. Migrant smugglers have taken advantage of the situation, notably 
of  the  actions  of  the  Belarusian  authorities,  offering  illicit  services  and  on-line  guidance  to 

19 2021 Strategic foresight report - COM(2021)750 final. 
20 Ibid.  

5 

 
 
                                                           
migrants on how to illegally reach Belarus and to irregularly cross the EU external border to 
Lithuania, Latvia or Poland.21  

Incidents of orchestrated attempts to use irregular migration for political purposes22 denote an 
increasingly  worrying  phenomenon,  which  should  be  tackled  jointly  by  the  EU  and  its 
Member States.  

2.  Building on the achievements of the first EU action plan (2015-2020)  

A  renewed  European-wide  fight  against  migrant  smuggling  needs  to  respond  to  persistent 
challenges, while addressing the ones that are emerging in the current landscape. New actions 
must be rooted in the achievements of the EU action plan against migrant smuggling (2015-
2020),  promoting  the  implementation  of  the  main 
policy  milestones  and  the  operational  framework 
against migrant smuggling. 

In 2020, actions in the framework 
of  EMPACT  resulted  in  2 110 
international  investigations,  2 280 
arrests,  of  which  16  high-value 
targets,  the  identification  of  27 
and  dismantling  of  14  criminal 
networks,  2 350  document  fraud 
cases, and the seizure of EUR 0.7 
in  cash,  as  well  as 
million 
vehicles,  firearms  and  drugs.  In 
the  framework  of  these  actions, 
26 175  irregular  migrants  were 
detected. 

This  work  has  been  supported 
the  European  Migrant 
through 
Smuggling  Centre.  Since  2016, 
the  Centre  supported  175  on-the 
to 
investigations 
spot 
migrant smuggling. 

related 

The EU action plan 2015-2020 established for the first 
time  a  comprehensive  and  multidisciplinary  EU 
approach  to  transform  migrant  smuggling  networks 
from ‘low risk, high return’ operations into ‘high risk, 
low  return’  ones,  and  to  ensure  the  full  respect  and 
protection of fundamental rights of migrants. It set out 
concrete  actions  in  four  main  pillars:  improving  the 
law  enforcement  and  judicial  response  to  migrant 
smuggling;  gathering  and 
information; 
improving  the  prevention  of  migrant  smuggling  and 
the assistance to vulnerable migrants; and reinforcing 
cooperation with partner countries. Progress has been 
made in the implementation of all four pillars. 

sharing 

The  establishment  of  Europol’s  European  Migrant 
Smuggling  Centre  in  2016  is  a  milestone  in  the 
enhancement 
of 

to  Member  States 

law 
enforcement  cooperation.  The  Centre  provides 
their 
operational  support 
investigations,  bringing  together  investigators  from 
Member  States,  providing  analysis  and  participating 
in  action  days,  where  Europol  staff  cross-checks 
cases. 
operational 
Furthermore, the European Multidisciplinary Platform 
Against  Criminal  Threats  (EMPACT)  improved  the 

information  on 

smuggling 

in 

Europol  and  Eurojust  cooperate 
the  European  Migrant 
through 
Smuggling 
Eurojust 
Centre. 
supports  the  EMPACT  activities 
of  Member  States 
regarding 
specific  modi  operandi,  such  as 
sham marriages and smuggling by 
sea or by air. 

21 Declaration of 30 July 2021 by the High Representative on behalf of the European Union on the 
instrumentalisation of migrants and refugees by the regime (https://www.consilium.europa.eu/en/press/press-
releases/2021/07/30/belarus-declaration-of-the-high-representative-on-behalf-of-the-eu-on-the-
instrumentalisation-of-migrants-and-refugees-by-the-regime/); Slovenian Presidency Statement on the situation 
at the EU's external borders with Belarus ( ipcr-presidency-statement-final_18-8-2021.pdf (europa.eu)). 
22 Statement of the Foreign Affairs Council of 6 March 2020.  

6 

 
 
 
 
 
                                                           
criminal  intelligence,  information  exchange  and  operational  cooperation  among  Member 
States and with third partners.  One of its priorities is to disrupt criminal networks along the 
main  routes  towards  and  within  the  EU,  focussing  on  those  networks  whose  methods 
endanger  people’s  lives  (such  as  using  concealments  in  trucks  and  lorries,  and  using 
unseaworthy vessels), offering services online and making use of document fraud.  

the 

Africa-Frontex 

The European Union Agency for Criminal Justice Cooperation (Eurojust) is a key actor in the 
enhancement  of  the  judicial  response  to  migrant  smuggling.  Eurojust  has  been  gradually 
increasing  its  support  to  activities  in  this  field. 
As  of  2020,  there  were  217  complex  cases 
entailing  cross-border 
judicial  coordination. 
Eurojust  supported  the  implementation  of  71 
Joint  Investigation  Teams 23  related  to  criminal 
investigations  of  migrant  smuggling  cases.  A 
Focus  Group  on  migrant  smuggling  set  up  for 
judges  and  public  prosecutors 
the 
identification of challenges, and the exchange of 
the 
best  practices,  and 
investigation 
and  prosecuting  of  migrant 
smuggling cases. 

The 
Intelligence 
Community,  covering  30  African 
increase  of 
countries,  supports 
analytical,  preventive  and  operational 
capacities  in  the  fight  against  migrant 
smuggling,  in  particular  through  Risk 
Analysis  Cells.  On  9  February  2021, 
information  exchange  between  The 
Gambia  and  Sierra  Leone  led  to  the 
arrest in a case of the trafficking of 13 
young  Sierra  Leonean  nationals,  of 
which 10 were under the age of 18. 

learned 

lessons 

fosters 

in 

The  Joint  Operational  Team  Mare  (JOT  Mare), 
launched in 2015, supports an intensified exchange of intelligence with the European Border 
and  Coast  Guard  Agency  (Frontex)  and  close  cooperation  with  the  International  Criminal 
Police Organisation (Interpol), including through the deployment of Member States’ national 
experts  to  Europol.  It  collects,  analyses,  enhances  and  disseminates  intelligence  products, 
having  supported  tens  of  investigations  tackling  criminal  networks  involved  in  migrant 
smuggling by sea and associated unauthorised movements towards destination countries. With 
the  cooperation  of  Frontex  and  other  partners,  more  than  1 000  vessels  suspected  of  being 
involved in migrant smuggling are included in Europol’s databases.  

The  hotspot  approach  proved  essential  in  the  fight  against  migrant  smuggling  with  EU 
agencies  –  the  European  Asylum  Support  Office  (EASO),  Frontex,  Europol  and  Eurojust  – 
working closely together with the authorities of Member States facing migratory pressures at 
the EU’s external borders, to help to fulfil their obligations under EU law and swiftly identify, 
register  and  fingerprint  incoming  migrants.  Frontex  supported  the  identification  and 
registration of migrants arriving at EU external borders and carried out debriefing interviews 
to collect information on smuggling networks and the routes for the purpose of risk analysis 
and to feed criminal investigations. Europol’s involvement in debriefings and more systematic 
access  for  information  gathering  and  intelligence  collection  have  contributed  to  the 
identification of smuggling practices, networks and routes.  

The  EU  and  its  Member  States  have  mandated  Common  Security  and  Defence  Policy 
(CSDP)  missions  over  the  past  years  to  address  security  challenges  related  to  irregular 

23 Through Joint Investigation Teams, the authorities of two or more States enter into a legal agreement for the 
purpose  of  carrying  out  investigations,  with  the  participation  of  prosecutors,  law  enforcement  and  judges. 
Eurojust provides operational, legal and financial support to such cooperation. During the period 2015-2020, 29 
Joint Investigation Teams were newly signed. 

7 

 
 
                                                           
migration,  enhancing  cooperation  between  CSDP  and  EU  agencies  to  link  up  internal  and 
external security issues. This led to several initiatives24 with Europol, Frontex and Eurojust in 
the field of information sharing25. The scope of activities undertaken in the CSDP framework 
has  ranged  from  support  to  host  State  authorities  in  their  efforts  to  control  and  prevent 
irregular  migration  and  combat  associated  crimes26,  to  ensure  border  management  and  fight 
against migrant smuggling and trafficking in human beings27 and to tackle insecurity or a poor 
rule  of  law  system  as  a  root  cause  of  irregular  migration28.  Furthermore,  the  two  EU  naval 
force  operations  IRINI29 and  ATALANTA30 contribute  to  disrupting  the  business  model  of 
migrant smuggling and trafficking in human beings. 

The Regulation on the European network of immigration liaison officers31, which entered into 
force  in  2019,  reinforced  the  gathering  and  sharing  of  information  through  a  new 
framework of cooperation and coordination among immigration liaison  officers deployed to 
third countries by Member States, the Commission and EU agencies. Europol’s Information 
Clearing  House  set  the  basis  for  a  swifter  exchange  and  processing  of  information  from 
Frontex,  Interpol  and  CSDP  missions.  It  enhances  the  intelligence  picture  on  migrant 
smuggling  from  countries  of  origin  and  transit.  The  EU  Internet  Referral  Unit  in  Europol 
reinforced  the  capacity  of  authorities  to  investigate  malicious  content  on the  internet  and  in 
social  media,  to  detect  and  request  removal  of  content  used  by  smuggling  networks.  The 
further development of the Africa-Frontex Intelligence Community, with risk analysis cells in 
The Gambia, Ghana, Niger, Nigeria and Senegal, strengthened the  gathering  and sharing of 
information. 

24 Examples are the exchange of operational information through Europol’s Information Clearing House and the 
Crime Information Cell, initially established within Operation Sophia in conjunction with Frontex and Europol. 
While this initiative allowed for a  structured and innovative exchange of operational information, other CSDP 
missions  only  exchange  strategic  information  with  agencies,  often  following  an  ad  hoc  approach  (the  EU 
Capacity  Building  Mission  (EUCAP)  Sahel  missions  or  the  EU  Border  Assistance  Mission  (EUBAM)  Libya, 
which cooperated with Eurojust). 
25 Further proposals on increased CSDP-Justice and Home Affairs cooperation in the field of migrant smuggling 
can  be  found  in  the  Mini-concept  on  possible  civilian  CSDP  efforts  to  address  security  challenges  linked  to 
irregular migration that was shared with Member States in November 2020. 
26 EUCAP Sahel Niger and EUBAM Libya. 
27 EUCAP Sahel Mali and EUBAM Rafah. 
28 EU Advisory Mission (EUAM) Ukraine, EU Rule of Law Mission (EULEX) Kosovo, EUAM Iraq, EUCAP 
Somalia,  EU  Police  Mission  for  the  Palestinian  Territories  (EUPOL  COPPS)  and  EUAM  Central  African 
Republic. 
29 Operation IRINI implements the arms embargo imposed by the United Nations Security Council, contributing 
to stemming the  flow of  weapons into Libya and helping  create the conditions for a permanent ceasefire. The 
operation also contributes to the disruption of the business model of smuggling and trafficking networks. 
30 Operation ATALANTA focuses on counter-piracy activity off the Somali coast. The operation also provides 
information  to  Interpol  and  Europol  on  all  criminal  and  smuggling  activities  detected,  including  migrant 
smuggling. 
31 Regulation (EU) 2019/1240 (OJ L 198, 25.7.2019, p. 88). 

8 

 
 
                                                           
in 

and 

launched 

in-person 

information 

in  2019-2020 

decision  making 

 With  regard  to  the  enhanced  prevention  of  migrant  smuggling  and  assistance  to 
vulnerable  migrants,  the  Commission  launched  information  and  awareness  raising 
campaigns  in  key  partner  countries,  to  inform 
potential migrants about the risks of smuggling and 
irregular migration and to counter the narrative of 
smugglers.  Campaigns  were 
the 
Western Balkans, Africa, and Asia32. Based on the 
information  gained  during  past  campaigns,  and  a 
study  the  Commission  carried  out  on  this  topic33, 
the Commission  is developing a toolkit with good 
practices and recommendations on the research and 
design  of  campaigns,  their  delivery  and  working 
methods. 

awareness 
An 
raising  campaign  was  conducted  in 
to  promote 
Niger 
informed 
on 
migration.  It  consisted  of  direct 
community engagement through one-
to-one  migration  counselling  and 
larger  scale  community  events,  as 
well  as  online  and  media  outreach. 
transiting  Niger 
10 580  people 
attended 
consultations 
from  more  than  20  countries  of 
origin,  out  of  which  7 502  reported 
an  increase  in  awareness  across  key 
risk areas. 

Under  the  fourth  component  of  the  2015-2020 
action  plan, 
the 
Commissio
n  supported 
bilateral  and  regional  operational  cooperation  against 
migrant  smuggling  for  a  stronger  and  closer 
cooperation  with  partner  countries  along  the  main 
migratory routes. This cooperation included support to 
law  enforcement  and  judicial  cooperation,  capacity 
building  in  border  management,  information  and 
awareness raising campaigns. 

The  Joint  Investigation  Team  in 
Niger  started  operations  in  2016. 
Until  27  May  2021,  it  supported 
the arrest of 554 suspects and 338 
the 
court  cases,  as  well  as 
identification  of  50  national  and 
138 
criminal 
networks.  

Regional 
and  national  Common  Operational 
Partnerships 34 facilitated  joint  actions  and  provided 
capacity  building  for  law  enforcement  and  judicial 
authorities 
the 
exchange  of  best  practices  and  information.  The 
Common  Operational  Partnership  North  Africa, 
implemented  by  Austria,  France,  Italy,  Germany,  the 
Netherlands  and  Interpol,  with  EU  funding,  works 
with  the  competent  authorities  of  African  countries, 
regions and organisations, with a focus on Ivory Coast, Guinea, Tunisia, Nigeria, as well as 
countries  in  the  Horn  of  Africa  and  the  African  Union  Mechanism  for  Police  Cooperation 
(AFRIPOL).  Common  Operational  Partnerships  and  Joint  Investigation  Teams  have  been 

In  2020, 
a  new  Common 
Operational  Partnership  with 
started 
Coast 
Ivory 
implementation. 
French 
authorities  launched  training  and 
mentoring  activities  to  strengthen 
specialised  investigative  units  on 
migrant 
and 
trafficking in human beings. 

in  partner  countries,  supporting 

international 

smuggling 

32 Afghanistan,  Albania,  Bangladesh,  Ethiopia,  Ghana,  Guinea,  Ivory  Coast,  Mali,  Morocco,  Niger,  Nigeria, 
Senegal, Somalia, Sudan, The Gambia, Tunisia and the Western Balkans. 
33  Study  on  best  practices  in  irregular  migration  awareness-raising  campaigns  (European  Commission, 
April 2021). 
34  Common  Operational  Partnerships  are  flexible  cooperation  frameworks  to  fight  against  organised  crime 
networks engaged in migrant smuggling and trafficking in human beings, tailor made to the needs of the partner 
country. One or more Member States work alongside law enforcement, judiciary and other relevant authorities of 
a  partner  country,  in  cooperation  with  EU  agencies  and  international  organisations.  Support  may  comprise  of 
training, mentoring, exchange of information and provision of equipment. 

9 

 
 
                                                           
 
developed  with  Mali,  Mauritania,  Niger,  Senegal,  The  Gambia,  Turkey  and  the  Western 
Balkans, and support for setting up a network of Common Operational Partnerships in West 
and Central Africa has been provided35.  

At  regional  level,  the  Joint  Valletta  Action  Plan  supported  the  enhancement  of  migration 
governance  between  Europe  and  Africa.  The  Ministerial  Conference  of  July  2020  between 
the EU, its Member States and North African partners36 confirmed the mutual determination 
to  prevent  and  fight  migrant  smuggling.  On  10-11 May  2021,  a  high-level  seminar  was 
organised with the participation of EU and African partners37, reaffirming the commitment of 
the  participants  to  jointly  address  issues  linked  to  the  countering  of  irregular  migration  and 
migrant  smuggling,  the  establishment  of  tools  for  return  and  readmission,  as  well  as  legal 
migration  and  mobility.  Since  2018,  the  Niamey  process  supports  cooperation  between  the 
EU, its Member States and countries in West and North Africa to prevent and combat migrant 
smuggling  and trafficking in  human beings.  In  addition,  the Regional Operational  Centre in 
Khartoum  (ROCK),  established  in  2019  with  assistance  from  the  EU,  supported  law 
enforcement  cooperation  and  information  sharing,  producing  245  intelligence  reports  and 
leading  to  19  arrests.  Significant  funds  are  also  invested  by  the  EU  to  support  partner 
countries,  in  particular  in  the  EU  Neighbourhood,  enhancing  their  border  management  and 
capability to perform search and rescue operations on land and at sea. 

The participation of Western Balkan partners in EMPACT’s Operational Action Plan on the 
facilitation  of  irregular  migration  is  contributing  to  disrupting  organised  criminal  networks 
involved in migrant smuggling and in the abuse of legal channels for migration, including the 
use of fraudulent documents. The project Countering Serious Crime in the Western Balkans, 
funded  by  the  EU,  established  five  Joint  Investigation  Teams  and  supported  115  criminal 
investigations  since  2017  (resulting  in  prosecution  in  37  cases),  of  which  14  related  to 
trafficking in human beings and migrant smuggling.  

The  EU-Turkey  statement  of  2016  contributes  to  breaking  the  business  model  of  migrant 
smugglers,  through  increased  border  controls  conducted  by  the  Turkish  authorities,  and  to 
preventing  new  sea  or  land  routes  for  irregular  migration.  As  part  of  the  statement,  Turkey 
and the EU agreed to continue stepping up measures against migrant smugglers. Furthermore, 
they  agreed  to  facilitate  returns  of  irregular  migrants  from  the  Greek  islands,  while  at  the 
same time increasing the opportunities for the resettlement of Syrians from Turkey to the EU. 
The  EU  expects  Turkey  to  deliver  on  all  elements  of  the  EU-Turkey  statement.  Its  full 
implementation will also be a topic in the context of the EU-Turkey High-Level Dialogue on 
Migration and Security in October 2021. 

In  relation  to  countries  of  the  Silk  route,  a  regional  programme  funded  by  the  EU  and 
implemented  by  the  United  Nations  Office  on  Drugs  and  Crime  (UNODC)  and  the 

35 Through the Internal Security Fund – Police, EUR 12.9 million has been provided in EU contribution, while 
through the EU Emergency Trust Fund for Africa EUR 27.9 million was provided. 
36 Morocco, Algeria, Tunisia, Libya and Mauritania. 
37 With  the  participation  of  African  States,  Member  States,  the  Commission,  the  European  External  Action 
Service, the African Union Commission, EU agencies and international organisations. 

10 

 
 
                                                           
International  Organization  for  Migration  (IOM)  supported  the  investigation  and  prosecution 
of 184 migrant smuggling cases, leading to 80 investigations and 69 court cases38. 

3.  Renewing the European fight against migrant smuggling  

While  the  EU  has  taken  significant  steps  forward  in  the  fight  against  smugglers  in  recent 
years, challenges remain  and new ones emerged  requiring reinforced actions and a renewed 
comprehensive approach. This applies to both our work with partner countries, and the work 
within  the  EU  and  each  of  its  Member  States,  combating  criminal  networks,  boosting 
cooperation and supporting the work of law enforcement to tackle migrant smuggling. 

The renewed EU action plan against migrant smuggling (2021-2025) is built on the following 
main  pillars  of  action:  (1)  reinforced  cooperation  with  partner  countries  and  international 
organisations,  (2)  implementing  the  legal  frameworks  and  sanctioning  smugglers  active 
within  and  outside  the  EU,  (3)  preventing  exploitation  and  ensuring  the  protection  of 
migrants,  (4)  reinforcing  cooperation  and  supporting  the  work  of  law  enforcement  and  the 
judiciary to respond to new challenges, and (5) improving the knowledge on smugglers’ modi 
operandi. 

3.1 Reinforced cooperation with partner countries and international organisations 

The New Pact underlines the importance of developing comprehensive, balanced, tailor-made 
and  mutually  beneficial  migration  partnerships  with  key  countries  of  origin  and  transit,  to 
address  common  challenges  and  capitalise  on  shared  opportunities.  Migration  partnerships 
aim  at  improving  migration  governance  and  management,  supporting  refugees  and  host 
communities  in  partner  countries,  building  economic  opportunities,  promoting  decent  work 
and  addressing  the  root  causes  of  irregular  migration39,  stepping  up  cooperation  on  return, 
readmission and reintegration, while developing legal pathways and attracting skills and talent 
to Europe. Countering migrant smuggling forms an important part of these partnerships. 

The  EU  has  already  established  successful  cooperation  frameworks  with  partner  countries 
contributing  to  fighting  irregular  migration  and  smuggling.  However,  actions  and  efforts  so 
far are fragmented and smuggling remains a phenomenon of growing concern for both the EU 
and  partner  countries.  A  more  coordinated  and  structured  approach  is  needed  to  enhance 
synergies, maximise the effectiveness of existing tools and address new challenges, to prevent 
smuggling  and  ensure  the  effective  enforcement  of  investigations,  prosecutions  and 
convictions, a more coordinated and structured approach must be taken. In line with the New 
Pact,  the  EU  should  therefore  build  on  the  existing  cooperation  frameworks  and  develop 
dedicated and tailor-made Anti-Smuggling Operational Partnerships with third countries 
or  regions  along  migratory  routes  towards  the  EU.  These  Anti-Smuggling  Operational 
Partnerships  should  be  an  integral  part  of  the  EU’s  comprehensive  migration  partnerships 
with countries of origin and transit and support regional and international cooperation.  

At  international  level,  the  fight  against  migrant  smuggling  requires  continued  active 
engagement  with  the  United  Nations  (UN),  Interpol,  other  international  and  regional 

38 The Global Action against Trafficking in Persons and the Smuggling of Migrants – Asia and the Middle East 
(GLO.ACT), which includes actions in Afghanistan, Bangladesh, Iran, Iraq and Pakistan. 

11 

 
 
                                                           
organisations as well as other donors. The EU should pursue its active cooperation with the 
UN  and  its  specialised  agencies,  in  particular  UNODC,  and  its  Working  Group  on  the 
Smuggling of Migrants40. 

In addition, a structured and coordinated approach is also necessary to ensure an effective and 
rapid  response  to  irregular  migration  facilitated  by  State  actors,  which  should  also  be 
discussed in multilateral and international fora. 

3.1.1 

 Anti-Smuggling Operational Partnerships 

To  effectively  counter  the  transnational  nature  of  migrant  smuggling  beyond  EU  borders, 
closer cooperation is needed with key partner countries of origin and transit, both at bilateral 
and at regional level. As part of the EU’s comprehensive partnerships, this cooperation will be 
translated  into  tailored-made  Anti-Smuggling  Operational  Partnerships  based  on  continuous 
exchange  and  mutually  beneficial  cooperation  between  the  EU  and  the  partner  countries. 
Actions will aim at strengthening  legal,  policy,  operational  and  strategic  frameworks  in 
partner  countries  and  to  increase  the  impact,  ownership  and  sustainability  of  efforts  to 
tackle migrant smuggling.  

Synergies  and  consistency  with  other  policies  and  actions  need  to  be  promoted  and 
ensured, including in the field of security (e.g. border security, fight against organised crime), 
development  cooperation  (e.g.  education  and  training,  community  development,  sustainable 
and inclusive economic development) and good governance (e.g. fight against corruption).  

The  Anti-Smuggling  Operational  Partnerships  will  include  some  or  all  of  the  following 
components,  adapted  to  the  needs  of  partner  countries  or  regions  and  aiming  to  reinforce 
operational cooperation through continued exchanges, which will provide targeted support by: 

-  Assisting  in  the  establishment  of  solid  legal  frameworks  –  or  the  reinforcement  of 
existing ones – building on the UN Protocol on Smuggling of Migrants by Land, Sea 
and  Air.  Where  partner  countries  are  not  yet  a  Party  to  the  UN  Protocol,  the  EU,  in 
cooperation with UNODC, will urge and support them to ratify the Protocol. This is a 
key step to deter and prosecute migrant smuggling effectively, so that smugglers can 
be  arrested  and  punished  for  their  crimes  in  the  countries  of  origin.  Robust  legal 
frameworks are equally  a necessity  for an effective cooperation with  Member States 
and EU agencies, including Europol, Frontex and Eurojust. 

-  Ensuring  the  implementation  of  the  legal  frameworks  by  developing  evidence-based 
policies,  strategies  and  action  plans  at  national,  regional  and  continental  level. 
Supporting  the  partner  country  as  well  as  regional  and  continental  organisations,  in 
data collection, analysis and research to guide decision-makers will be essential. 

-  Building  the  operational  capacity  of  national  and  local  authorities  in  partner 
countries  to  prevent  and  deter  irregular  migration,  including,  where  relevant,  by 

39 COM(2021)56 final. 
40  In  accordance  with  the  Joint  Communication  on  strengthening  the  EU’s  contribution  to  rules-based 
multilateralism - JOIN(2021)3 final. 

12 

 
 
                                                                                                                                                                                     
building  on  existing  structures41 or  establishing  dedicated  coordination  centres.  The 
capacity  of  partner  countries  should  also  be  reinforced  in  providing  assistance  to 
people in a situation of vulnerability, in particular children and women,  who may be 
exposed to violence, exploitation, abuse and trafficking.  

-  Supporting the border management capacity of partner countries to prevent irregular 

departures and transit.  

-  Offering operational support to law enforcement and judicial cooperation to create 
and reinforce the capacity and ownership in partner countries, strengthening the use of 
modern 
techniques  and  facilitating  coordination  and 
cooperation  among  relevant  national  authorities.  This  should  build  on  the  results  of 
and  experience  with  the  current  Common  Operational  Partnerships  and  Joint 
Investigation Teams.  

investigation 

tools  and 

-  Reinforcing cooperation with partner countries on  identity  and document  fraud, to 
help reduce the number of visas that are issued on the basis of stolen and/or falsified 
identity  documents.  This  should  promote  the  use  of  new  technologies  to  detect 
document fraud, to  control  the issuance and delivery of passports,  the modernisation 
and computerisation of civil registries, as well as possible training activities. 

-  Enhancing  prevention  and  awareness  raising  activities  through  targeted  information 
and awareness raising campaigns in communities of origin and transit (including in 
refugee  and  reception  camps  in  transit  countries  and  diaspora  in  the  EU)  about  the 
risks of irregular migration and smuggling as well as relevant alternatives, countering 
the fake narrative promoted by criminal networks.  

-  Providing  support,  where  relevant,  to  address  security  concerns  linked  to  migrant 
smuggling,  promoting  synergies  with  actions  aimed  at  fighting  all  forms  of  crime, 
terrorism and violent extremism. 

-  Continuous dialogue and coordinated engagement with countries of origin and transit 
impacted by the new phenomenon of State-led instrumentalisation of migration. 

The  Commission,  together  with  the  High  Representative  and  the  Member  States,  will 
systematically  promote  cooperation  in  addressing  migrant  smuggling  as  an  issue  of  mutual 
interest  in  EU’s  relations  with  partner  countries.  They  will  support  partner  countries  and 
regions  in  determining  the  actual  needs  in  preventing  and  combating  migrant  smuggling, 
taking  into  account  their  specific  situation,  including  the  socio-economic  aspects  of 
smuggling  for  local  communities.  Based  on  such  needs,  the  Anti-Smuggling  Operational 
Partnerships  will  be  developed  as  a  coherent  framework  encompassing  the  relevant 
components indicated above.  

The Commission, together with the High Representative and the Member States, and partner 
countries will launch and implement together these Anti-Smuggling Operational Partnerships, 
confirming mutual dedication to pursuing common goals against migrant smugglers. For this 
purpose, the Commission will also organise high-level conferences with partner countries 
by route, to analyse the existing challenges, promote cooperation, endorse recommendations 

41 Such as Niamey Declaration, cooperation with AFRIPOL, follow-up to the Valetta Summit as well as Rabat, 
Khartoum, Budapest and Prague processes. 

13 

 
 
                                                           
from  technical  working  groups  and  take  stock  of  the  progress  made  against  migrant 
smuggling  networks.  Anti-Smuggling  Operational  Partnerships  along 
the  Eastern 
Mediterranean  /  Western  Balkans  route,  based  on  a  whole  of  route  approach  that 
includes  the  Silk  Route  countries,  and  in  North  and  West  Africa  will  be  launched  as  a 
priority, in cooperation with the partner countries or regions.  

Member  State  authorities,  through  the  pooling  of  knowledge  and  resources  in  a  Team 
Europe  spirit,  should  play  a  central  role  in  the  design  and  implementation  of  the  Anti-
Smuggling  Operational  Partnerships.  Member  States  have  the  operational  capacity  and  the 
knowledge  for  providing  the  necessary  assistance  to  partner  countries  and  should  continue 
ongoing  activities  that  are  implemented  in  partner  countries  to  support  the  fight  against 
smuggling. 

EU agencies, in particular Europol, Frontex and Eurojust, should offer assistance in line with 
their  mandates,  including  through  facilitating  the  exchange  of  information,  providing 
technical  support,  capacity  building  and  training,  as  well  as  deploying  liaison  officers. 
Depending  on  the  partner  countries  or  regions  concerned  and  the  needs  identified,  EU 
agencies  may  conclude  new  agreements  (e.g.  Frontex  status  agreements  or  working 
arrangements  with  competent  authorities);  where  such  agreements  or  arrangements  already 
exist,  their  implementation  should  fully  support  the  objectives  of  the  new  Anti-Smuggling 
Operational  Partnerships.  Contributions  by  Interpol  will  also  be  taken  into  account  as 
appropriate. 

The operational activities of  Common  Security  and  Defence  Policy  missions  may  support 
host State authorities. They could be mandated to provide strategic advice on the elaboration 
or  reform  of  legal  frameworks,  strategies  and  action  plans  and  offer  capacity  building  in 
border management, law enforcement and judicial cooperation, identity and document fraud, 
etc.  

the  Neighbourhood,  Development  and 

To ensure the success of the new Anti-smuggling Operational Partnerships, the EU needs to 
ensure adequate financing that matches, supports and translates into action the ambition and 
objectives  of  the  renewed  EU  action  plan.  Several  financial  instruments  will  bring  their 
support, in a complementary manner, to the implementation of the various components of the 
partnerships: 
International  Cooperation 
Instrument – Global Europe (NDICI) and the Instrument for Pre-Accession Assistance 
III  for  the  period  2021-2027,  the  Internal  Security  Fund,  the  Asylum,  Migration  and 
Integration  Fund  and  the  Border  Management  and  Visa  Instrument,  as  well  as  other 
relevant  envelopes,  taking  into  account  partner’s  national  strategies  and  ensuring  their 
ownership.  The  Anti-Smuggling  Operational  Partnerships  will  inform  the  strategic  and 
policy-driven  programming  of  the  EU’s  external  funding  and  implementation  of  the 
instruments’ programming documents. Out of the total budget of EUR 79.5 billion of NDICI 
–  Global  Europe,  indicatively  10%  will  be  dedicated  to  actions  directly  targeting  specific 
challenges related to migration and forced displacement, including anti-smuggling. 

3.1.2  Responding to the instrumentalisation of irregular migration by State actors 

The  recent  developments  at  the  EU  external  border  with  Belarus  are  the  latest  examples  of 
highly worrying events and show that close cooperation and continued vigilance are key to 
protecting the external borders, preventing and responding to irregular migration facilitated by 

14 

 
 
State  actors.  Member  States,  EU  institutions  and  EU  agencies  (notably  Frontex,  EASO  and 
Europol)  have  reacted  swiftly  to  the  rapidly  evolving  events  at  the  EU  Eastern  border, 
providing support to the countries directly subject to pressure notably through the Union Civil 
the  EU  Migration  Preparedness  and  Crisis 
Protection  Mechanism.  The  use  of 
Management  Network  (Blueprint network) provided the latest situational awareness for all 
concerned  stakeholders  and  ensured  a  timely  and  coordinated  operational  response. 
Furthermore,  the  Commission  is  also  providing  emergency  financial  assistance  to  help 
Lithuania address short-term needs to ensure dignified reception conditions to migrants used 
for  political  purposes,  as  well  as  medium-term  support  for  the  protection  of  the  external 
border to counteract orchestrated irregular migration.  

These  events  show  that  through  concerted  collective  engagement,  partner  countries,  whose 
citizens have been used by this State-led scheme, can be willing to cooperate with the EU to 
stop  this  modus  operandi,  engaging  in  a  constructive  and  comprehensive  dialogue  for  the 
benefit  of  all  sides.  In  this  respect,  the  EU  dialogue  and  joint  engagement  with  Iraq  has 
brought  positive  results,  reducing  attempts  to  reach  the  EU  irregularly  and  facilitating 
voluntary return.  

Examples like this of concerted EU action in addressing situations of orchestrated migratory 
pressure  at  its  external  borders  demonstrate  that  close  cooperation  and  solidarity  among 
Member  States  as  well  as  continuous  and  broad  dialogue  and  coordinated  engagement  with 
countries of origin and transit on the prevention of irregular migration, on addressing the new 
phenomenon of instrumentalisation of migration and on the facilitation of return, can lead to 
concrete results.  

To  respond  in  a  joint  and  effective  manner  to  the  challenges  of  this  new  phenomenon  and 
ensure  the  protection  of  the  EU  external  borders,  the  EU  needs  a  reinforced  toolbox  that 
pulls  together  in  a  strategic  way  the  full  range  of  the  operational,  legal,  diplomatic  and 
financial instruments at its disposal.  

EU  agencies  –  notably  Frontex,  Europol  and  EASO,  also  in  cooperation  with  Interpol  and 
other  international  actors  –  must  be  able  to  rapidly  mobilise  their  resources  and  assets  and 
provide  operational  support  to  protect  the  EU  external  borders,  gather  intelligence  and 
operational  information  and  assist  migrants  who  have  become  victims  of  State-led 
instrumentalisation.  Responding  to  the  use  of  irregular  migration  by  State  actors  needs  to 
feature and be further reinforced in the dialogue with partner countries, notably of the Anti-
Smuggling Operational Partnerships. Where appropriate and applicable, the use of restrictive 
measures  under  the  EU  Global  Human  Rights  Sanctions  Regime  could  be  considered  to 
target individuals, entities and bodies participating in State-led schemes and responsible for, 
involved in or associated with serious human rights violations and abuses. In addition, the EU 
should take consequential measures in various policy areas that are relevant in the relations 
with  the  third  country  concerned,  taking  targeted  action,  where  appropriate,  in  the  area  of 
visa, trade, development, financial assistance and others. The partial suspension of the Visa 
Facilitation  Agreement  with  Belarus,  which  the  Commission  is  adopting  today  together 
with this renewed EU action plan, is a concrete example of such measures. 

As  announced  by  President  von  der  Leyen  in  her  2021  State  of  the  Union  address,  the 
Commission  will,  “as  part  of  its  work  on  Schengen,  set  out  new  ways  to  respond  to  such 
aggression  and  ensure  unity  in  protecting  our  external  borders”.  In  this  context,  the 

15 

 
 
Commission  will  consider  strengthening  the  EU’s  legal  framework  to  ensure  a  common 
approach  to  better  protect  the  external  borders  and  the  essential  interests  of  the  EU  and  its 
Member States, while always ensuring full respect for fundamental rights.  

Moreover, finding common ground on how to manage migration in all circumstances will be 
essential  so  as  to  ensure  that  opponents  will  not  continue  to  target  the  lack  of  a  common 
effective and fair system. The New Pact contains all the components – including a dedicated 
instrument  to  allow  for  temporary  derogations  from  normal  procedures  in times  of  crisis  – 
needed to enable Member States to manage the different types of challenges they face and it is 
therefore  essential  for  the  Council  and  the  European  Parliament  to  advance  speedily  on  its 
negotiations. 

Key actions 

-  The  Commission,  together  with  the  High  Representative  and  the  Member  States, 
will  establish  Anti-Smuggling  Operational  Partnerships  with  partner  countries 
along  migratory  routes,  as  part  of  the  comprehensive,  balanced,  tailor-made  and 
mutually beneficial migration partnerships under the New Pact. 

-  The  Commission  will  promote  regional  cooperation,  as  well  as  cooperation  with 

relevant international organisations, such as UNODC and Interpol.  

-  The Commission, the High Representative, the Member States and Union agencies 
will  pull  together  and  further  develop  all  the  operational,  legal,  diplomatic  and 
financial  tools  at  their  disposal  to  respond  to  the  instrumentalisation  of  irregular 
migration by State actors.  

3.2 Sanctioning migrant smugglers and preventing the exploitation of migrants 

To  combat  the  facilitation  of  irregular  migration,  an  optimal  implementation  of  methods  to 
sanction migrant smugglers is needed, especially those that lead criminal networks. This calls 
for  effectively  addressing  and  improving  the  implementation  of  the  applicable  legal 
frameworks by Member States and partner countries based on the UN Protocol on Smuggling 
of Migrants by  Land, Sea and Air, supplementing the UN Convention against Transnational 
Organized Crime and, within the EU, the ‘Facilitators package’42. 

The loss of lives of migrants smuggled towards and within Europe, and the various forms of 
harm  and  exploitation  that  they  are  exposed  to,  is  unacceptable.  The  fundamental  rights  of 
migrants  need  to  be  safeguarded  at  all  times,  starting  with  people  in  a  situation  of 
vulnerability. Migrants who are also victims of crime are often in a vulnerable situation and 
may have difficulties to access justice. Under the Victims’ Rights Directive43, all victims of 
crime  enjoy  a  series  of  rights,  including  to  support  and  protection,  which  should  be 
safeguarded under all circumstances. The EU should provide smuggled migrants, in particular 
vulnerable groups such as children and women, with assistance and protection.  

3.2.1  Sanctions against smugglers acting on the migratory routes 

42 Council Directive 2002/90/EC (OJ L 328, 5.12.2002, p. 17) and Council Framework Decision 2002/946/JHA 
(OJ L 328, 5.12.2002, p. 1).  
43 Directive 2012/29/EU (OJ L 315, 14.11.2012, p. 57). 

16 

 
 
 
                                                           
The  UN  Protocol  on  Smuggling  of  Migrants  by  Land,  Sea  and  Air  relates  to  the 
prevention,  investigation  and  prosecution  of  smuggling  as  well  as  to  the  protection  of  the 
rights  of  persons  who  have  been  the  object  of  such  offences.  The  UN  Smuggling  Protocol 
obliges  States  Parties44 to  establish  as  criminal  offences  smuggling  of  migrants  and  other 
forms  of  activity  that  support  such  smuggling,  while  migrants  should  not  become  liable  to 
criminal  prosecution  for  having  been  smuggled.  To  address  migrant  smuggling,  either  UN 
sanctions  or  autonomous  sanctions  by  the  EU  can  provide  a  tool  to  impose  sanctions  on 
responsible individuals or entities, such as a travel ban or a freeze on financial assets or the 
prohibition to make funds or economic resources available.  

The EU transposes into EU law sanctions agreed by the UN. In this respect, on 7 June 2018 
the Security Council Committee concerning Libya added six human traffickers and smugglers 
operating in Libya to its Sanctions List of individuals and entities subject to the asset freeze, 
travel  ban  and  other  measures.  On  14  June  2018,  the  Council  of  the  EU  transposed  these 
measures into EU law. In addition to transposing sanctions agreed at the UN level, the EU can 
make use of the autonomous tools at its own disposal whenever appropriate. The EU Global 
Human  Rights  Sanctions  Regime45,  adopted  on  7 December  2020,  has  equipped  the  EU 
with a framework that allows it to target those responsible for, involved in or associated with 
serious  human  rights  violations  and  abuses  worldwide.  This  new  sanctions  regime  covers, 
among  others,  trafficking  in  human  beings,  as  well  as  abuses  of  human  rights  by  migrant 
smugglers to the extent that these abuses are widespread, systematic or otherwise of serious 
concern as regards the objectives of common foreign and security policy46.  

Within  the  EU,  the  Facilitators  package  defines  the  criminal  offence  of  facilitation  of 
unauthorised  entry,  transit  or  residence  and  sets  out  the  related  criminal  sanctions.  The 
Facilitators  package  requires  Member  States  to  appropriately  sanction  anyone  who 
intentionally assists a third-country national to enter or transit through an EU country or, for 
financial  gain,  to  reside  there.  Its  primary  aim  is  to  respond  to  criminal  networks 
responsible  for  migrant  smuggling.  The  2017  evaluation  of  the  Facilitators  package 47 
concluded  that  its  effectiveness  in  reaching  its  objectives  remains  partial.  While  it  was 
considered that certain aspects of the instrument could be clarified, such as the definition of 
the  offence  by  providing  more  legal  certainty  over  the  distinction  between  criminal 
facilitation and humanitarian assistance, the effectiveness of other key aspects of the package 
such  as  the  general  approximation  of  the  penal  framework  of  the  Member  States 48  was 
evaluated  with  positive  and  neutral  considerations.  While  the  provisions  of  the  Facilitators 
package have been overall transposed by all Member States bound by it49, its effects on the 

44 As  of  18  February  2021,  there  were  150  Parties  to  the  Smuggling  of  Migrants  Protocol,  including  the  EU 
(represented by the European Commission) and its Member States, with the exception of Ireland.  
45 Council  Regulation  (EU)  2020/1998 (OJ  L  410,  7.12.2020,  p.  I/1)  and  Council  Decision  (CFSP)  2020/1999 
(OJ L 410, 7.12.2020, p. I/13). 
46 Set out in Article 21 of the Treaty on European Union. 
47 SWD(2017)117 final. 
48 On the one hand by establishing a common definition of the offence, which is subject of the Directive and, on 
the other hand, by setting out minimum rules for penalties, liability of legal persons and jurisdiction, which are 
covered by the Framework Decision.  
49 All  Member  States  with  the  exception  of  Denmark  and  Ireland.  In  accordance  with  Council  Implementing 
Decision (EU) 2020/1745 (OJ L 393, 23.11.2020, p. 3), Ireland shall put the Facilitators package into effect and 
apply it, on a provisional basis, as from 1 January 2022 at the latest. 

17 

 
 
                                                           
actual  level  of  prosecution  and  conviction  could  not  be  evaluated,  due  to  a  lack  of  robust, 
comprehensive and comparable data. To improve the knowledge base of its implementation, 
Member  States  should  enhance  the  quality  and  availability  of  data  that  is  provided  to  the 
statistical  office  of  the  European  Union  (Eurostat).  The  Commission  will  support  the 
exchange  of  best  practices  and  provide  guidance  through  the  national  contact  points  on 
migrant smuggling.  

The  Directive  that  is  part  of  the  Facilitators  package  allows  Member  States  to  exempt 
humanitarian assistance not mandated by law from being criminalised. To respond to the 
increasingly difficult environment for non-governmental organisations and individuals when 
assisting  migrants  including  in  the  context  of  search  and  rescue  operations  at  sea,  the 
Commission  provided  guidance50,  clarifying  that  humanitarian  assistance  mandated  by  law 
(for example in the framework of search and rescue operations) can never be criminalised and 
invited  Member  States  that  have  not  already  done  so  to  use  the  possibility  to  distinguish 
between  humanitarian  assistance  (not  mandated  by  law)  and  activities  that  aim  to  facilitate 
irregular entry or transit, and allows for the exclusion of the former from criminalisation. 

As  a  follow-up  to  the  evaluation  of  the  Facilitators  package,  the  Commission  launched  a 
process  of  regular  consultation  with  civil  society  and  EU  agencies,  including  the 
Fundamental  Rights  Agency  and  Eurojust,  to  build  up  knowledge  and  gather  evidence  in 
order to identify the issues linked to interpreting and applying the Facilitation Directive. The 
Commission will work with Member States through the national points of contact on migrant 
smuggling in order to improve the enforcement of the Directive. 

The  Commission  will  also  step  up  its  monitoring  of  the  implementation  of  the  acquis  to 
ensure  that  appropriate,  effective  and  dissuasive  criminal  sanctions  are  in  place  while 
avoiding risks of criminalisation of those who provide humanitarian assistance to migrants in 
distress. The Commission will take close contact with Member States’ national authorities, to 
collect  information  about  the  implementation  of  the  Facilitators  package  and  –  where 
appropriate,  in  case  of  breaches  of  EU  law  –  launch  infringement  procedures.  The 
Commission  intends  to  report  on  the  implementation  of  the  Facilitators  package, 
including on the implementation of the 2020 guidance, in 2023. If necessary, the Commission 
will propose to revise the legal framework to ensure that the EU is equipped to implement the 
policy  framework  created  by  this  EU  action  plan  to  respond  to  the  constantly  evolving 
challenges in this area.  

3.2.2  Prevention of exploitation and ensuring protection of smuggled migrants 

Smuggled  migrants  are  at  great  risk  of  losing  their  lives  or  experiencing  harm  during  their 
journey. Their fundamental rights are often gravely violated through abuse and exploitation. 
Providing  protection  and  assistance  to  smuggled  vulnerable  migrants  is  key,  with  a 
particular  attention  to  children  and  women,  including  within  the  framework  of  the  EU 
strategies  on  victims’  rights  2020-202551 and  on  Combatting  Trafficking  in  Human  Beings 
2021-2025,  as  well  as  the  EU  Strategy  on  the  rights  of  the  child 52 .  The  protection  of 

50 C(2020)6470 final. 
51 COM(2020)258 final. 
52 COM(2021)142 final. 

18 

 
 
                                                           
fundamental  rights  in  police  and  judicial  proceedings  needs  to  be  ensured,  with  specific 
attention for cases where migrants become victims of trafficking. 

Migrants  go  missing  during  their  journeys  and  families  risk  getting  separated53.  With  EU 
financial  support,  Member  States  and  partner  countries  should  prevent  the  separation  of 
families  during  migratory  journeys  and  develop  search  mechanisms  for  missing  migrants. 
Such work should build on the activities already implemented by the International Committee 
of  the  Red  Cross  and  the  National  Red  Cross  and  Red  Crescent  Societies,  as  well  as  other 
relevant international organisations and civil society organisations.  

Upon arrival on EU territory, people with special needs should be identified as a priority and 
referred  to  adequate  support  by  appropriate  entities.  The  role  of  the  future  pre-entry 
screening54, with the support of EU agencies, notably Frontex and EASO, is important in this 
respect. In the meantime, EU agencies will continue to support Member States, in particular 
with  the  procedures  for  identification  and  referrals,  in  line  with  the  Reception  Conditions 
Directive55 and Asylum Procedures Directive56. 

Reception  centres  for  asylum  seekers  are  targeted  by  smugglers  to  recruit  people  willing  to 
engage  in  unauthorised  movements  within  the  EU  or  who  can  fall  victim  of  trafficking  and 
exploitation.  Migrant  smugglers  move  them  to  destination  countries,  either  clandestinely  or 
when  they  are  in  possession  of  asylum  documents.  To  prevent  migrant  smuggling  and 
trafficking  within  the  EU,  asylum  authorities  and  other  relevant  Member  State  authorities 
should  increase  their  monitoring  activities  within  and  around  reception  centres.  Moreover, 
Member  State  authorities  and  EASO  should  include  information  regarding  the  risks  of 
smuggling in the information material that they need to provide to asylum seekers and other 
migrants.  

A third of migrant children arriving in the EU are unaccompanied minors. They are a highly 
vulnerable group that faces various risks, including trafficking in human beings. A number of 
unaccompanied minors go missing after their arrival in the EU, before they are registered by 
the asylum authorities57. Reception centres are used by traffickers to identify potential victims 
and  to  arrange  transportation  to  the  destinations  where  the  children  and  other  vulnerable 
persons  will  be  exploited58.  The  Anti-trafficking  Directive59 provides  for  binding  rules  to 
prevent  trafficking,  to  prosecute  criminals  effectively  and  protect  the  victims.  The  EU 
Strategy on Combatting Trafficking in Human Beings 2021-2025 sets out the Commission’s 
plan  to  support  the  implementation  of  this  Directive  and  identifies  the  need  to  evaluate  it. 
Based  on  the  outcome  of  the  evaluation,  the  Commission  will  consider  reviewing  it.  In 

53 Between 2015 and 2018, the Red Cross National Societies together  with the International Committee of the 
Red Cross collected tracing requests from families in Europe and countries of origin to search for almost 60 000 
third-country nationals who were travelling irregularly towards or through Europe. This shows that a significant 
number of persons have gone missing or been separated from their families, also after arrival in the EU. 
54 COM(2020)612 final. 
55 Directive 2013/33/EU (OJ L 180, 29.6.2013, p. 96). 
56 Directive 2013/32/EU (OJ L 180, 29.6.2013, p. 60). 
57 For additional information, please refer to the 2020 European Migration Network Inform 
https://ec.europa.eu/home-affairs/sites/default/files/00_eu_inform_uam_2020_en_0.pdf 
58 Europol. 
59 Directive 2011/36/EU (OJ L 101, 15.4.2011, p. 1). 

19 

 
 
                                                           
parallel, the Commission will continue to support Member States in implementing the Anti-
trafficking Directive, in particular as regards the gender specific and child sensitive aspects.  

The  Victims’  Rights  Directive  provides  for  a  set  of  binding  rights  for  all  victims  of  crime 
and  their  family  members.  Victims’  rights  must  apply  to  victims  in  a  non-discriminatory 
manner, independently of their residence status60. The Commission  will also launch a study 
on  the  implementation  of  the  Residence  Permit  Directive61,  which  sets  rules  on  residence 
permits  issued  to  third-country  nationals  who  are  victims  of  trafficking  in  human  beings  or 
who have been smuggled, who cooperate with the competent authorities. 

The  possibility  for  irregular  migrants  to  find  a  job  in  the  informal  economy,  hence  gaining 
resources that can support the subsistence of family members in the country of origin, is one 
of  the  key  drivers  of  irregular  migration.  The  effective  implementation  of  the  Employers 
Sanctions  Directive  is  important  to  deter  irregular  migration  and  to  protect  the  rights  of 
irregular  migrant  workers.  This  is  done  by  sanctioning  employers  hiring  irregular  migrants 
with no right to stay, by ensuring that there are effective mechanisms for recovering unpaid 
wages,  lodging  complaints  and  reporting  crimes,  as  well  as  by  carrying  out  effective 
inspections in the economic sectors most at risk of illegal employment. For this purpose, the 
Commission  is  presenting,  together  with  this  renewed  action  plan,  its  assessment 
accompanied  by  a  set  of  measures  needed  in  order  to  reinforce  the  effectiveness  of  the 
Employers Sanctions Directive. 

60 Article 1(1) of Directive 2012/29/EU (OJ L 315, 14.11.2012, p. 57). 
61 Council Directive 2004/81/EC (OJ L 261, 6.8.2004, p. 19). 

20 

 
 
                                                           
Key actions 

The Commission will: 

- 

-  work  with  Member  States  through  the  national  points  of  contact  on  migrant 
smuggling  and  other  competent  national  authorities  to  improve  the  enforcement 
and  the  implementation  of  the  Facilitators  package,  and,  where  relevant,  open 
infringement proceedings; 
report  on  the  implementation  of  the  Facilitators  package  in  2023  and  consider 
further action; 
improve  the  protection  of  migrants  by  strengthening  the  implementation  of  the 
Anti-trafficking Directive and the Residence Permit Directive; 
improve  the  effectiveness  of  the  Employers  Sanctions  Directive,  in  cooperation 
with Member States, relevant agencies and stakeholders. 

- 

- 

The Council and Member States should: 

- 

sanction  migrant  smugglers  by 
appropriate, using the EU Global Human Rights Sanctions Regime. 

transposing  UN  sanctions  and,  whenever 

Member States should: 

- 

- 

- 

fully implement the Facilitators package and apply adequate sanctions on migrant 
smugglers, with a particular focus on high value targets; 
improve the identification of migrants in need of protection, in particular children 
and unaccompanied minors, applying the procedures for identification and referrals 
in line with the acquis and with the support of EU agencies; 
fully implement the Anti-trafficking Directive, with the support of the Commission 
and  EU  financial  assistance,  in  line  with  the  EU  Strategy  on  Combatting 
Trafficking in Human Beings 2021-2025. 

3.3 Reinforcing cooperation and supporting the work of law enforcement and of the 

judiciary 

Migrant smugglers are quick in adapting to changing circumstances, as exemplified during the 
COVID-19  pandemic.  To  be  successful,  law  enforcement  and  judicial  cooperation 
frameworks  need  to  be  agile  and  also  adapt  to  the  changing  circumstances,  based  on 
reinforced operational cooperation and the exchange of information.  

There is a need to build on the operational activities implemented under the EU action plan 
against  migrant  smuggling  2015-2020  and  further  strengthen  cooperation  between  national 
authorities  and  with  EU  agencies.  EU  agencies,  including  EASO,  Frontex,  Europol  and 
Eurojust,  should  intensify  strategic  inter-agency  information  exchange  and  analysis.  They 
should  cooperate  at  an  early  stage  of  migrant  smuggling  cases  to  use  their  complementary 
mandates  in  support  of  national  authorities,  building  on  the  successful  common  drafting  of 
strategic analysis reports by EASO, Frontex and Europol. To fight digital smuggling, conduct 
effective  financial  investigations  and  asset  recovery  and  to  fight  document  fraud,  law 
enforcement  and  judicial  authorities  should  develop  new  targeted  actions  to  enhance 
operational cooperation and information exchange.  

21 

 
 
 
3.3.1  Enhancing law enforcement operational cooperation against migrant smuggling 

The  focus  of  law  enforcement  investigations  should  not  stop  with  the  arrest  of  low-level 
criminals. It is crucial to scale up the dismantling of organised crime structures, targeting 
those groups that pose a higher risk to Europe’s security and on the individuals in the higher 
echelons of criminal organisations. Investigations should target such criminal networks active 
across  the  EU  and  disrupt  their  business  models.  This  should  lead  to  increased  numbers  of 
investigations, prosecutions and convictions, in particular of high-value targets.  

Building  on  the  successful  actions  of  the  previous  years,  Member  States  and  operational 
partners  should  make  optimal  use  of  the  specialised  services  provided  by  Europol’s 
European  Migrant  Smuggling  Centre  and  share  information  from  immigration  liaison 
officers,  common  operational  partnerships,  and  Common  Security  and  Defence  Policy 
missions  and  operations  through  the  Information  Clearing  House 62 .  Member  States 
consolidating  the  use  of  the  Secure  Information  Exchange  Network  Application  (SIENA), 
involving  Europol,  would  avoid  a  fragmented  intelligence  picture.  In  line  with  the  EU 
Strategy to tackle Organised Crime 2021-2025, the Commission will step up negotiations on 
cooperation  between  Europol  and  partner  countries  in  order  to  facilitate  the  exchange  of 
personal data for investigation purposes63. 

Europol’s Operational Task Forces will continue to support and bring together Member States 
and  operational  partners’  efforts  in  common  investigations  of  identified  high  value  targets, 
including  from  partner  countries.  To  increase  intelligence-led,  coordinated  action  against 
criminal  networks  active  in  the  EU,  Member  States  should  support  the  work  of  the  Joint 
Liaison  Task  Force  Migrant  Smuggling  and  Trafficking  in  Human  Beings,  established  in 
2019. 

The European Multidisciplinary Platform Against Organised Crime (EMPACT) is a key 
tool  to  implement  this  EU  action  plan  and  to  step  up  cooperation  among  national  and 
European actors. EMPACT, supported through the Internal Security Fund and the EMPACT 
envelope  of  Europol’s  budget,  includes  the  fight  against  migrant  smuggling  as  one  of  its 
priorities for 2022-2025. In defining the specific actions for this priority, Member States and 
EU  agencies  should  follow  a  multidisciplinary  and  integrated  approach  across  relevant  EU 
crime  priorities  in  the  2022-2025  cycle,  embedded  within  national  and  EU  strategies  and 
actions.  

To  improve  the  coordination  at  national  level  between  all  relevant  services,  such  as  law 
enforcement,  labour  inspections  and  services  managing  reception  centres,  Member  States 
should  renew  their  engagement  in  the  work  of  national  contact  points  on  migrant 
smuggling.  The  network  of  national  contact  points,  established  by  the  Commission,  will 
promote  the  exchange  of  best  practices  to  develop  national  counter  smuggling  strategies  of 
Member  States.  In  the  same  vein,  the  European  network  of  immigration  liaison  officers 
(ILO network) will continue supporting capacity building and operational exchanges in and 
with partner countries against migrant smuggling.  

62  The  Information  Clearing  House  processes  information  from  various  related  actions  to  enhance  the 
intelligence picture on organised migrant smuggling from countries of origin and transit. 
63 With Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Tunisia, Turkey and New Zealand. 

22 

 
 
                                                           
The successful actions of the Joint Operational Team Mare in carrying out coordinated and 
intelligence-driven  actions  against  facilitators  of  irregular  migration  should  be  continued, 
using  the  information  of  the  European  Border  Surveillance  System  (EUROSUR)64 –  which 
now  has  a  stronger  role  in  fighting  cross-border  crime  –  and  the  Common  Information 
Sharing  Environment 65 .  Frontex  should  use  its  reinforced  analytical  capabilities  in  the 
maritime  domain  by  making  full  use  of  its  mandate  to  provide  information  on  the  external 
borders  and  on  the  pre-frontier  area66.  Frontex  should  continue  to  assist  law  enforcement 
authorities  of  Member  States  and  Europol  by  providing  an  updated  profile  of  suspicious 
vessels to be monitored, identified, seized and, once the relevant criminal investigations have 
been completed, disposed of, and exchange information of such vessels with Europol.  

With  the  New  Pact,  the  Commission  has  proposed  a  seamless  procedure  at  the  external 
border,  comprising  of  pre-entry  screening,  an  asylum  border  procedure  and  a  swift  return 
border procedure – thereby integrating processes which are currently separate. The new pre-
entry screening67 will foster closer cooperation between all relevant national authorities and 
EU  agencies,  including  for  the  collection  of  information  and  intelligence  on  smuggling. 
Moreover,  the  revised  Eurodac  Regulation 68 ,  by  making  mandatory  the  registration  of 
irregular  entry  and  stay  and  by  including  the  possibility  to  store  and  search  information  on 
irregular  migrants,  will  reduce  the  possibilities  for  unauthorised  movements  of  irregular 
migrants  within  the  EU  after  crossing  its  external  borders.  The  Commission  calls  upon  the 
European  Parliament  and  the  Council  to  advance  with  the  negotiations  on  the  Screening 
regulation and adopt the Eurodac Regulation as a matter of priority. 

3.3.2  Strengthening judicial cooperation against migrant smuggling 

To  disrupt  migrant  smuggling  networks  and  to  bring  perpetrators  to  justice,  judicial 
authorities need to be involved in migrant smuggling cases at an early stage of investigations. 
Similar  to  law  enforcement  cooperation,  also  the  judicial  response  to  migrant  smuggling 
should be directed to target and dismantle high-risk and high-value criminal networks active 
across the EU. 

Achieving this objective requires strong cooperation among judicial authorities. However, the 
number of referrals of migrant smuggling cases to Eurojust is relatively low69. Member States 
should make more extensive use of  Eurojust  support, in particular for  Joint  Investigation 
Teams  and  operational  tools,  such  as  coordination  meetings  and  coordination  centres  to 
exchange  case-related  information.  The  Focus  Group  of  prosecutors  on  migrant  smuggling, 
established  within  Eurojust  in  2020,  will  reinforce  the  exchange  of  information  amongst 
practitioners regarding existing challenges, trends and possible solutions, including addressing 

64 Regulation  (EU)  2019/1896  (OJ  L  295,  14.11.2019,  p.  1)  and  Commission  Implementing  Regulation  (EU) 
2021/581 (OJ L 124, 12.4.2021, p. 3). 
65 The Common Information Sharing Environment is an EU initiative which aims to make European and national 
maritime surveillance systems interoperable.  
66 The  geographical  area  beyond  the  external  borders  which  is  relevant  for  managing  the  external  borders 
through risk analysis and situational awareness. 
67 COM(2020)612 final. 
68 COM(2016)132 final and COM(2020)614 final. 
69 While the number of registered cases at Eurojust showed an increasing trend in the period 2017  - 2020, their 
absolute numbers remain below those of most other crime areas (Eurojust). 

23 

 
 
                                                           
the  misuse  of  administrative  procedures  such  as  sham  marriages.  The  Focus  Group  offers  a 
forum of discussion for judges and prosecutors from Member States and those countries with 
a cooperation agreement with Eurojust. 

Furthermore,  in  order  to  support  cooperation  between  law  enforcement  and  the  judiciary, 
Eurojust  and  judicial  authorities  should  be  part  of  the  Joint  Liaison  Task  Force  Migrant 
Smuggling and Trafficking in Human Beings. Eurojust and judicial authorities should further 
increase their participation in EMPACT, and Eurojust should be more closely involved in the 
information  sharing  activities  of  Europol’s  Information  Clearing  House.  To  enable  judicial 
cooperation with Eurojust, in line with the EU Strategy to tackle Organised Crime 2021-2025, 
the Commission will start negotiations for agreements on cooperation between Eurojust and 
third countries70. 

Asylum  and  reception  services  can  assist  in  the  investigation  and  prosecution  of  smuggling 
activities  through  the  provision  of  information  to  migrants,  exploring  indicators  related  to 
smuggling activities during asylum interviews or through observations by reception services. 
This information should be provided to prosecutors’ offices where appropriate. The exchange 
of  information  between  asylum  and  reception  services  and  the  national  prosecutors’  offices 
should be strengthened through a harmonised approach, supported by Eurojust and involving 
Member States71. 

3.3.3  Addressing  new  challenges  in  digital  smuggling,  financial  investigations  and 

document fraud 

A renewed law enforcement and judicial response to migrant smuggling needs to be able to 
adjust rapidly to the constantly evolving criminal landscape.  In particular, there is a need to 
address  digital  smuggling,  financial  investigations  and  asset  recovery,  as  well  as  document 
fraud. 

Reinforcing social media monitoring is necessary for the continuous development of a clear, 
real  time  picture  of  migrant  smuggling  dynamics.  This  would  help  anticipate  immediate 
developments as well as forecast medium-term trends. It would apply to the monitoring of the 
activities of criminal networks and general developments in partner countries with an impact 
on  future  migratory  movements  towards  the  EU.  Frontex  should  deploy  its  monitoring 
capabilities  in  social  media  to  improve  risk  analysis  regarding  future  irregular  migratory 
movements  whist  taking  into  account  data  protection  considerations.  Frontex  should  also 
cooperate  with  third  countries  in  this  area,  including  through  exchange  of  information  and 
capacity building. 

To  disrupt  migrant  smuggling  networks  involved  in  digital  smuggling,  it  is  necessary  to 
reinforce  the  capacity  of  law  enforcement  and  judicial  authorities  to  target  their  online 
presence and their use of modern technologies for communication purposes with the support 
of the Internet Referral Unit of Europol. Specialised training should be provided, including 
with the support of the European Union Agency for Law Enforcement Training (CEPOL) and 

70 Algeria,  Argentina,  Armenia,  Bosnia  and  Herzegovina,  Brazil,  Colombia,  Egypt,  Israel,  Jordan,  Lebanon, 
Morocco, Tunisia and Turkey. 
71 Factsheet on the judicial use of information following the debriefing of migrants at external borders (Eurojust, 
2021). 

24 

 
 
                                                           
the  European  Judicial  Training  Network,  and  the  availability  of  technical  equipment  and 
software for investigative units should be ensured.  

The  e-Evidence  package72 will  provide  national  law  enforcement  and  judicial  authorities 
with the tools adapted to the specificities of the digital world  and at the same time contains 
strong safeguards. As soon as the package is adopted, it will foster the efficient investigation 
and prosecution of all crimes where e-evidence is involved. 

In addition, Eurojust can support Member States by facilitating and ensuring the collection of 
electronic  evidence,  especially  where  it  is  related  to  encrypted  communication  means. 
Eurojust should promote the exchange of best practices regarding the collection of electronic 
evidence, especially as long as the e-Evidence package has not been not adopted. Europol’s 
and Eurojust’s cooperation with third countries in this area should be strengthened to support 
international investigations and ensure effective prosecutions. 

Migrant smuggling generates large amounts of criminal profits, which is the main objective of 
such  activities.  To  counter  these  networks  by  preventing  those  profits  from  being  used  to 
reinforce criminal activities, every investigation into a migrant smuggling case should include 
a financial investigation to trace, seize and recover criminal assets. This is not happening on 
a  sufficiently  regular  basis.  Financial  investigations  to  ‘follow  the  money’  have  to  be 
launched  in  parallel  with  existing  regular  investigations  on  suspects,  modi  operandi  and 
routes.  The  use  of  unregulated  financial  channels  and  links  between  criminal  networks  and 
legal business structures hampers this approach.  

In  line  with  the  EU  Strategy  to  tackle  Organised  Crime  2021-2025,  financial  investigations 
and  asset  recovery  procedures  should  be  enhanced  at  national,  European  and  international 
level. In particular, Member States should systematically conduct financial investigations 
and asset recovery in organised crime investigations, with the support of Europol’s Financial 
and Economic Crime Centre and Eurojust.  Europol’s risk analysis in  cooperation with  third 
countries  and  international  organisations  (i.e.  Interpol)  should  support  and  guide  Member 
States’  actions.  The  assistance  of  Eurojust 73 in  the  coordination  and  cooperation  between 
Member States and with third countries should be used on a more systematic basis, including 
through  the  use  of  best  practices  and  recommendations  for  cross-border  asset  tracing, 
freezing, confiscation and disposal74.  

In  recent  years,  the  use  of  fraudulent  visas  for  entry  into  the  Schengen  area  has  been 
continuously detected. Between 2016 and 2019, 32 029 third-country nationals were detected 
using  fraudulent  documents  at  border  crossing  points  on  entry  to  the  EU  or  the  Schengen 
area75. Migrant smugglers organise breeder documents for the visa application procedures and 
then provide the irregular migrants with genuine visas issued by embassies of Member States 
to  facilitate  irregular  entry  by  air  routes  in  the  Schengen  area.  The  digitalisation  of  visa 
procedures, announced in the New Pact and to be presented next year, will further reinforce 
the  security  of  the  current  visa  procedure  and  stickers  and  significantly  reduce  the  risks  of 

72 COM(2018)225 final and COM(2018)226 final. 
73 Including  through  the  exchange  and  facilitation  of  the  implementation  of  freezing  and  confiscation  orders, 
certificates, seizing of assets, enforcement of confiscation orders and European Investigation Orders. 
74 As per the report on Eurojust’s casework in asset recovery of 12 February 2019. 
75 Frontex (data as per 20 September 2021). 

25 

 
 
                                                           
forgery and fraud. Better support to Member States tackling identity  and document  fraud, 
including  through  training  on  awareness  for  consular  staff,  is  crucial  for  dismantling  these 
networks.  Inside  the  EU,  document  fraud  is  also  problematic.  Migrant  smugglers  offer 
fraudulent documents, which can be used to legalise the residence status. Closer collaboration 
between  document  issuing  and  document  control  authorities  is  needed,  including  by 
performing checks on Interpol’s Stolen and Lost Travel Documents (SLTD) database, as well 
as  links  to  private  industries  in  relation  to  secured  document  production  and  document 
inspection. 

For this purpose, Member States should use new information systems76 to identify falsified 
documents.  The  role  of  the  Frontex  Centre  of  Excellence  for  Combatting  Document  Fraud 
should be strengthened, including through the deployments of document fraud experts within 
the framework of Frontex operational activities in the Member States and third countries. As 
part  of  the  Anti-smuggling  Operational  Partnerships,  cooperation  to  combat  identity  and 
document fraud with partner countries should also be pursued. 

76 False and Authentic Documents Online (FADO), the Frontex Interpol Electronic Document System (FIELDS), 
Profiling of False Identity Documents (PROF ID) and the Europol forensic laboratory. 

26 

 
 
                                                           
Key actions 

Member States should: 

- 

intensify  the  use  of  Europol’s  European  Migrant  Smuggling  Centre  and  of  the 
Information Clearing House; 

-  make  more  use  of  Eurojust  support  to  cross-border  investigations,  through  Joint 

Investigation Teams; 

-  develop  national  counter  smuggling  strategies,  also  profiting  from  the  best 
practices  exchanged  through  the  network  of  national  contact  points  on  migrant 
smuggling. 

The Commission: 

-  will present a proposal for the full digitalisation of visa procedures in the first half 

- 

- 

- 

- 

- 

of 2022; 
calls upon the European Parliament and the Council to finalise the negotiations on 
the Screening Regulation and adopt the Eurodac Regulation as a matter of priority; 
calls upon the European Parliament and the Council to finalise the negotiations on 
the e-Evidence package; 
calls upon Frontex to further reinforce its capacity to monitor designated maritime 
areas and identify suspicious vessels; 
calls upon Eurojust and judicial authorities to further increase their participation in 
EMPACT,  while  Europol’s  Information  Clearing  House  should  ensure  timely 
information sharing connected to judicial investigations and prosecutions; 
calls  upon  Frontex,  Europol  and  Eurojust  to  further  support  cooperation  with 
partner countries to combat digital smuggling and international investigations and 
prosecution. 

The  Commission  calls  upon  the  Member  States,  supported  by  EU  agencies  Europol, 
Frontex, Eurojust and CEPOL to: 

- 
- 
- 
- 

continue to reinforce the law enforcement and judicial response thought EMPACT; 
strengthen their response to new smuggling services offered on-line; 
conduct financial investigations and asset recovery in migrant smuggling cases; 
strengthen the fight against identity and document fraud. 

3.4 Increased knowledge base 

Research and data collection is of primary importance to better understand migration trends, 
the nature and span of criminal networks involved in migrant smuggling, the impact of anti-
smuggling  policies,  the  role  and  importance  of  migrant  smuggling  activities  in  local 
communities, as well as the links between migrant smuggling and other criminal areas, such 
as  trafficking  in  human  beings,  drug  trafficking  and  terrorism.  Technological  advances  and 
innovative  approaches  that  support  the  prevention  of  and  fight  against  migrant  smuggling, 

27 

 
 
 
 
including the use of  artificial  intelligence77, can enable turning data into rapidly actionable 
information in a more efficient manner.  

Horizon Europe, the research and innovation framework programme for 2021-2027, should 
be  used  for  this  purpose,  identifying  relevant  research  needs  and  themes  related  to  the 
prevention of and fight against migrant smuggling.  

Also  EU  agencies  should  strengthen  their  role  in  research  and  innovation,  maximising 
the role of Europol’s Innovation Hub initiative and Frontex’ participation in the development 
and management of research and innovation activities, including in cooperation with industry, 
to  identify  opportunities  for  developing  new  capacities  for  detecting,  preventing  and 
combatting  migrant  smuggling.  To  improve  the  knowledge  of  migrant  smuggling  activities, 
EU  agencies  should  step  up  their  cooperation  with  the  private  sector,  notably  with  the 
banking  sector,  the  rental  sector  (including  car  sharing),  parcel  services,  travel  agencies,  air 
companies, money-transferring services as well as online service providers.  

Europol  and  Frontex  should  work  together  to  jointly  and  regularly  report  on  migrant 
smuggling,  covering  both  the  migration  and  law  enforcement  perspectives.  Such  a 
comprehensive  overview  of  the  smuggling  phenomenon  will  be  key  to  assess  the  impact  of 
this renewed EU action plan and identify the necessary policy responses. 

Key actions 

-  Europol and Frontex should produce regular joint reports on migrant smuggling; 
-  Member  States,  with  the  assistance  of  the  Commission,  and  EU  agencies  should 
support  the  development  of  new  technologies,  including  artificial  intelligence,  to 
increase the knowledge base on irregular migration and migrant smuggling; 

-  EU agencies, such  as  Europol  and Frontex, should establish  cooperation with  the 

private sector to improve the knowledge base of smuggling practices. 

4.  Conclusion 

Preventing  and  fighting  migrant  smuggling  is  a  key  strategic  objective  of  the  New  Pact  on 
Migration and Asylum and the EU Security Union Strategy. 

The  Commission,  the  High  Representative,  the  Member  States,  EU  agencies  and  EU 
delegations  will  work  together  with  partner  countries,  international  organisations  and 
stakeholders involved in migration policy, to implement all aspects of this renewed EU action 
plan  to  ensure  that  actions  at  EU  and  national  level  are  well  designed  and  coordinated  to 
promote and support the prevention of and fight against migrant smuggling. 

Working closely with partner countries will be key to implement several aspects of this EU 
action plan. The New Pact on Migration and Asylum signalled a change of paradigm in the 
EU’s engagement with international partners on migration. To this effect, the Commission, in 
close  cooperation  with  the  High  Representative,  will  engage  with  priority  countries  along 

77 See  the  proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  laying  down  harmonised 
rules  on  artificial  intelligence  (Artificial  Intelligence  Act)  and  amending  certain  Union  legislative  acts 
(COM(2021)206 final). 

28 

 
 
 
                                                           
migratory  routes  towards  the  EU  and  will  develop  with  them  Anti-Smuggling  Operational 
Partnerships with concrete tools as part of comprehensive, balanced, tailor-made and mutually 
beneficial  migration  partnerships,  further  building  on  trust  and  mutual  cooperation.  The 
Commission, the High Representative, the Member States and EU agencies will pull together 
all  the  operational,  legal,  diplomatic  and  financial  tools  at  their  disposal  to  respond  to  the 
instrumentalisation of irregular migration by State actors. 

The  Commission  will  support  the  implementation  of  the  renewed  EU  action  plan  to  ensure 
that it contributes to the comprehensive approach to migration of the New Pact. It will do so 
in close cooperation with the national contact points on migrant smuggling and EU agencies, 
notably  through  the  dedicated  Commission’s  expert  group  on  migrant  smuggling  and  the 
European  Multidisciplinary  Platform  Against  Organised  Crime  (EMPACT).  For  the  period 
2021-2027,  the  Asylum,  Migration  and  Integration  Fund,  the  Border  Management  and  Visa 
Instrument,  the  Internal  Security  Fund,  the  Neighbourhood,  Development  and  International 
Cooperation  Instrument  –  Global  Europe  (NDICI)  and  the  Instrument  for  Pre-Accession 
Assistance III will support its effective implementation for activities both inside and outside 
of the EU. The Commission will inform the European Parliament and the Council regularly of 
the implementation of the EU action plan and the results achieved under its actions. 

29