Today the Commission proposed strengthening the rules to prevent and combat human trafficking. Every year more than 7,000 people fall victim to human trafficking in the EU. This number is expected to be much higher, as many victims go undetected.

The annual cost of human trafficking in the EU is €2.7 billion.

The majority of victims are women and girls, but the proportion of male victims is also increasing, especially in terms of labor exploitation.

The forms of exploitation have evolved in recent years, with crime increasingly taking on an online dimension. This calls for new action at EU level, as traffickers take advantage of opportunities to recruit, control, transport and exploit victims, while transferring profits and reaching users inside and outside the EU.

The updated rules will provide law enforcement and judicial authorities with stronger tools to investigate and prosecute new forms of exploitation, for example by ensuring that the knowing use of services provided by victims of human trafficking constitutes a criminal offence. The Commission’s proposal provides for mandatory sanctions against companies for human trafficking offences, and not just against individuals. It also aims to improve procedures for the early identification and support of victims in the Member States, in particular through the creation of a European referral mechanism.

In particular, the updated rules will include:

The inclusion of forced marriage and illegal adoption among the types of exploitation covered by the directive’s definition. This will require member states to criminalize behaviors such as human trafficking in their national criminal law;

Explicit reference to human trafficking offenses committed or facilitated through information and communication technologies, including the internet and social media;

Mandatory sanctions for legal entities found responsible for trafficking offences. This covers their exclusion from public benefits or the temporary or permanent closure of the premises where the trafficking offense was committed;

Formal national referral mechanisms to improve early detection and referral to help and support for victims, which will form the basis for a European referral mechanism with the designation of national contact points;

Enhancing demand reduction by making it a criminal offense for people who knowingly use services provided by trafficked persons;

The annual EU-wide data collection on human trafficking will be published by Eurostat.
Next steps

It is now up to the European Parliament and the Council to consider the proposal. Once the proposal is approved, Member States will have to transpose the new rules into national law.

Record

Human trafficking is a cross-border crime that affects all Member States. It remains a serious threat in the EU, despite the progress made in recent years. The fourth progress report on the fight against human trafficking, published today, provides an evidence-based overview outlining key issues related to human trafficking in the EU.

Since 2011 the Anti-Trafficking Directive has been the basis of the EU’s efforts to prevent and combat human trafficking. It provided a legal basis for a strong criminal justice response and high standards of victim protection and support. However, recent developments require updating the current text.

In April 2021, the Commission presented the EU’s anti-trafficking strategy (2021-2025), which focuses on preventing the crime, bringing traffickers to justice and protecting and empowering victims. The evaluation and possible revision of the anti-trafficking directive to make it fit for purpose was one of the key actions of the strategy. As human trafficking is often carried out by organized crime groups, the anti-trafficking strategy is closely linked to the EU’s anti-organized crime strategy. Protecting society from organized crime, including tackling human trafficking, is a priority under the EU’s Security Union strategy.

Lena Flitzani