HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
15.4.2011 Official
Journal
of
the
European
Union L
101/1
I
(Legislative acts)
DIRECTIVES
DIRECTIVE 2011/36/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 5 April 2011
on preventing and combating trafficking in human beings and protecting its victims, and replacing
Council Framework Decision 2002/629/JHA
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
strengthening the Union external dimension on action
EUROPEAN UNION,
against trafficking in human beings; Towards global EU
action against trafficking in human beings’ approved by
the Council on 30 November 2009. In this context,
Having regard to the Treaty on the Functioning of the European
action should be pursued in third countries of origin
Union, and in particular Article 82(2) and Article 83(1) thereof,
and transfer of victims, with a view to raising awareness,
reducing vulnerability, supporting and assisting victims,
fighting the root causes of trafficking and supporting
Having regard to the proposal from the European Commission,
those third countries in developing appropriate anti-traf
ficking legislation.
Having regard to the opinion of the European Economic and
Social Committee ( 1 ),
(3) This Directive recognises the gender-specific
phenomenon of trafficking and that women and men
After consulting the Committee of the Regions,
are often trafficked for different purposes. For this
reason, assistance and support measures should also be
gender-specific where appropriate. The ‘push’ and ‘pull’
factors may be different depending on the sectors
After transmission of the draft legislative act to the national
concerned, such as trafficking in human beings into the
parliaments,
sex industry or for labour exploitation in, for example,
construction work, the agricultural sector or domestic
servitude.
Acting in accordance with the ordinary legislative procedure ( 2 ),
Whereas:
(4)
The Union is committed to the prevention of and fight
against trafficking in human beings, and to the
protection of the rights of trafficked persons. For this
(1) Trafficking
in
human
beings
is
a
serious
crime,
often
purpose, Council Framework Decision 2002/629/JHA
committed within the framework of organised crime, a
of 19 July 2002 on combating trafficking in human
gross violation of fundamental rights and explicitly
beings ( 3 ), and an EU Plan on best practices, standards
prohibited by the Charter of Fundamental Rights of the
and procedures for combating and preventing trafficking
European Union. Preventing and combating trafficking in
in human beings
( 4 ) were adopted. Moreover, the
human beings is a priority for the Union and the
Stockholm Programme — An open and secure Europe
Member States.
serving and protecting citizens ( 5 ), adopted by the
European Council, gives a clear priority to the fight
against trafficking in human beings. Other measures
(2) This
Directive
is
part
of
global
action
against
trafficking
should be envisaged, such as support for the devel
in human beings, which includes action involving third
opment of general common indicators of the Union
countries as stated in the ‘Action-oriented Paper on
for the identification of victims of trafficking, through
the exchange of best practices between all the relevant
actors, particularly public and private social services.
( 1 ) Opinion of 21 October 2010 (not yet published in the Official
Journal).
( 2 ) Position of the European Parliament of 14 December 2010 (not yet
( 3 ) OJ L 203, 1.8.2002, p. 1.
published in the Official Journal) and decision of the Council of
( 4 ) OJ C 311, 9.12.2005, p. 1.
21 March 2011.
( 5 ) OJ C 115, 4.5.2010, p. 1.

---

L 101/2
EN
Official Journal of the European Union
15.4.2011
(5) The
law
enforcement
authorities
of
the
Member
States
Children, supplementing the United Nations Convention
should continue to cooperate in order to strengthen the
against Transnational Organised Crime and the 2005
fight against trafficking in human beings. In this regard,
Council of Europe Convention on Action against Traf
close cross-border cooperation, including the sharing of
ficking in Human Beings are crucial steps in the process
information and the sharing of best practices, as well as a
of enhancing international cooperation against trafficking
continued open dialogue between the police, judicial and
in human beings. It should be noted that the Council of
financial authorities of the Member States, is essential.
Europe Convention contains an evaluation mechanism,
The coordination of investigations and prosecutions of
composed of the Group of experts on action against
cases of trafficking in human beings should be facilitated
trafficking in human beings (GRETA) and the
by enhanced cooperation with Europol and Eurojust, the
Committee of the Parties. Coordination between inter
setting-up of joint investigation teams, as well as by the
national organisations with competence with regard to
implementation of Council Framework Decision
action against trafficking in human beings should be
2009/948/JHA of 30 November 2009 on prevention
supported in order to avoid duplication of effort.
and settlement of conflict of jurisdiction in criminal
proceedings ( 1 ).
(10) This Directive is without prejudice to the principle of
(6) Member
States
should
encourage
and
work
closely
with
non-refoulement in accordance with the 1951
civil society organisations, including recognised and
Convention relating to the Status of Refugees (Geneva
active non-governmental organisations in this field
Convention), and is in accordance with Article 4 and
working with trafficked persons, in particular in policy-
Article 19(2) of the Charter of Fundamental Rights of
making initiatives, information and awareness-raising
the European Union.
campaigns, research and education programmes and in
training, as well as in monitoring and evaluating the
impact of anti-trafficking measures.
(11) In order to tackle recent developments in the
phenomenon of trafficking in human beings, this
(7) This
Directive
adopts
an
integrated,
holistic,
and
human
Directive adopts a broader concept of what should be
rights approach to the fight against trafficking in human
considered trafficking in human beings than under
beings and when implementing it, Council Directive
Framework Decision 2002/629/JHA and therefore
2004/81/EC of 29 April 2004 on the residence permit
includes additional forms of exploitation. Within the
issued to third-country nationals who are victims of traf
context of this Directive, forced begging should be
ficking in human beings or who have been the subject of
understood as a form of forced labour or services as
an action to facilitate illegal immigration, who cooperate
defined in the 1930 ILO Convention No 29 concerning
with the competent authorities
( 2 ) and Directive
Forced or Compulsory Labour. Therefore, the exploi
2009/52/EC of the European Parliament and of the
tation of begging, including the use of a trafficked
Council of 18 June 2009 providing for minimum
dependent person for begging, falls within the scope of
standards on sanctions and measures against employers
the definition of trafficking in human beings only when
of illegally staying third-country nationals ( 3 ) should be
all the elements of forced labour or services occur. In the
taken into consideration. More rigorous prevention, pros
light of the relevant case-law, the validity of any possible
ecution and protection of victims’ rights, are major
consent to perform such labour or services should be
objectives of this Directive. This Directive also adopts
evaluated on a case-by-case basis. However, when a
contextual understandings of the different forms of traf
child is concerned, no possible consent should ever be
ficking and aims at ensuring that each form is tackled by
considered valid. The expression ‘exploitation of criminal
means of the most efficient measures.
activities’ should be understood as the exploitation of a
person to commit, inter alia, pick-pocketing, shop-lifting,
drug trafficking and other similar activities which are
subject to penalties and imply financial gain. The defi
(8) Children
are
more
vulnerable
than
adults
and
therefore
at
nition also covers trafficking in human beings for the
greater risk of becoming victims of trafficking in human
purpose of the removal of organs, which constitutes a
beings. In the application of this Directive, the child’s
serious violation of human dignity and physical integrity,
best interests must be a primary consideration, in
as well as, for instance, other behaviour such as illegal
accordance with the Charter of Fundamental Rights of
adoption or forced marriage in so far as they fulfil the
the European Union and the 1989 United Nations
constitutive elements of trafficking in human beings.
Convention on the Rights of the Child.
(9) The
2000
United
Nations
Protocol
to
Prevent,
Suppress (12) The levels of penalties in this Directive reflect the
and Punish Trafficking in Persons, Especially Women and
growing concern among Member States regarding the
development of the phenomenon of trafficking in
human beings. For this reason this Directive uses as a
( 1 ) OJ L 328, 15.12.2009, p. 42.
( 2 ) OJ L 261, 6.8.2004, p. 19.
basis levels 3 and 4 of the Council conclusions of 24-
( 3 ) OJ L 168, 30.6.2009, p. 24.
25 April 2002 on the approach to apply regarding

---

EN
15.4.2011 Official
Journal
of
the
European
Union L
101/3
approximation of penalties. When the offence is
(15) To
ensure
the
success
of
investigations
and
prosecutions
committed in certain circumstances, for example
of human trafficking offences, their initiation should not
against a particularly vulnerable victim, the penalty
depend, in principle, on reporting or accusation by the
should be more severe. In the context of this Directive,
victim. Where the nature of the act calls for it, pros
particularly vulnerable persons should include at least all
ecution should be allowed for a sufficient period of
children. Other factors that could be taken into account
time after the victim has reached the age of majority.
when assessing the vulnerability of a victim include, for
The length of the sufficient period of time for pros
example, gender, pregnancy, state of health and disability.
ecution should be determined in accordance with
When the offence is particularly grave, for example when
respective national law. Law enforcement officials and
the life of the victim has been endangered or the offence
prosecutors should be adequately trained, in particular
has involved serious violence such as torture, forced
with a view to enhancing international law enforcement
drug/medication usage, rape or other serious forms of
and judicial cooperation. Those responsible for investi
psychological, physical or sexual violence, or has
gating and prosecuting such offences should also have
otherwise caused particularly serious harm to the
access to the investigative tools used in organised crime
victim, this should also be reflected in a more severe
or other serious crime cases. Such tools could include the
penalty. When, under this Directive, a reference is
interception of communications, covert surveillance
made to surrender, such reference should be interpreted
including electronic surveillance, the monitoring of
in accordance with Council Framework Decision
bank accounts and other financial investigations.
2002/584/JHA of 13 June 2002 on the European
arrest warrant and the surrender procedures between
Member States
( 1 ). The gravity of the offence
committed could be taken into account within the
(16) In
order
to
ensure
effective
prosecution
of
international
framework of the execution of the sentence.
criminal groups whose centre of activity is in a Member
State and which carry out trafficking in human beings in
third countries, jurisdiction should be established over
the offence of trafficking in human beings where the
(13) In combating trafficking in human beings, full use should
offender is a national of that Member State, and the
be made of existing instruments on the seizure and
offence is committed outside the territory of that
confiscation of the proceeds of crime, such as the
Member State. Similarly, jurisdiction could also be estab
United Nations Convention against Transnational
lished where the offender is an habitual resident of a
Organised Crime and the Protocols thereto, the 1990
Member State, the victim is a national or an habitual
Council of Europe Convention on Laundering, Search,
resident of a Member State, or the offence is
Seizure and Confiscation of the Proceeds from Crime,
committed for the benefit of a legal person established
Council Framework Decision 2001/500/JHA of 26 June
in the territory of a Member State, and the offence is
2001 on money laundering, the identification, tracing,
committed outside the territory of that Member State.
freezing, seizing and confiscation of instrumentalities
and the proceeds of crime ( 2 ), and Council Framework
Decision 2005/212/JHA of 24 February 2005 on Confis
cation of Crime-Related Proceeds, Instrumentalities and
(17) While
Directive
2004/81/EC
provides
for
the
issue
of
a
Property ( 3 ). The use of seized and confiscated instrumen
residence permit to victims of trafficking in human
talities and the proceeds from the offences referred to in
beings who are third-country nationals, and Directive
this Directive to support victims’ assistance and
2004/38/EC of the European Parliament and of the
protection, including compensation of victims and
Council of 29 April 2004 on the rights of the citizens
Union trans-border law enforcement counter-trafficking
of the Union and their family members to move and
activities, should be encouraged.
reside freely within the territory of the Member
States ( 4 ) regulates the exercise of the right to move
and reside freely in the territory of the Member States
by citizens of the Union and their families, including
(14) Victims of trafficking in human beings should, in
protection from expulsion, this Directive establishes
accordance with the basic principles of the legal
specific protective measures for any victim of trafficking
systems of the relevant Member States, be protected
in human beings. Consequently, this Directive does not
from prosecution or punishment for criminal activities
deal with the conditions of the residence of the victims
such as the use of false documents, or offences under
of trafficking in human beings in the territory of the
legislation on prostitution or immigration, that they have
Member States.
been compelled to commit as a direct consequence of
being subject to trafficking. The aim of such protection is
to safeguard the human rights of victims, to avoid further
victimisation and to encourage them to act as witnesses
(18) It
is
necessary
for
victims
of
trafficking
in
human
beings
in criminal proceedings against the perpetrators. This
to be able to exercise their rights effectively. Therefore
safeguard should not exclude prosecution or punishment
assistance and support should be available to them
for offences that a person has voluntarily committed or
before, during and for an appropriate time after
participated in.
criminal proceedings. Member States should provide for
resources to support victim assistance, support and
protection. The assistance and support provided should
( 1 ) OJ L 190, 18.7.2002, p. 1.
( 2 ) OJ L 182, 5.7.2001, p. 1.
( 3 ) OJ L 68, 15.3.2005, p. 49.
( 4 ) OJ L 158, 30.4.2004, p. 77.

---

L 101/4
EN
Official Journal of the European Union
15.4.2011
include at least a minimum set of measures that are
commonly entails, such as sexual exploitation, sexual
necessary to enable the victim to recover and escape
abuse, rape, slavery-like practices or the removal of
from their traffickers. The practical implementation of
organs, should be protected from secondary victimisation
such measures should, on the basis of an individual
and further trauma during the criminal proceedings.
assessment carried out in accordance with national
Unnecessary repetition of interviews during investigation,
procedures, take into account the circumstances,
prosecution and trial should be avoided, for instance,
cultural context and needs of the person concerned. A
where appropriate, through the production, as soon as
person should be provided with assistance and support as
possible in the proceedings, of video recordings of those
soon as there is a reasonable-grounds indication for
interviews. To this end victims of trafficking should
believing that he or she might have been trafficked and
during criminal investigations and proceedings receive
irrespective of his or her willingness to act as a witness.
treatment that is appropriate to their individual needs.
In cases where the victim does not reside lawfully in the
The assessment of their individual needs should take
Member State concerned, assistance and support should
into consideration circumstances such as their age,
be provided unconditionally at least during the reflection
whether they are pregnant, their health, a disability
period. If, after completion of the identification process
they may have and other personal circumstances, as
or expiry of the reflection period, the victim is not
well as the physical and psychological consequences of
considered eligible for a residence permit or does not
the criminal activity to which the victim was subjected.
otherwise have lawful residence in that Member State,
Whether and how the treatment is applied is to be
or if the victim has left the territory of that Member
decided in accordance with grounds defined by national
State, the Member State concerned is not obliged to
law, rules of judicial discretion, practice and guidance, on
continue providing assistance and support to that
a case-by-case basis.
person on the basis of this Directive. Where necessary,
assistance and support should continue for an appro
priate period after the criminal proceedings have ended,
for example if medical treatment is ongoing due to the
(21) Assistance
and
support
measures
should
be
provided
to
severe physical or psychological consequences of the
victims on a consensual and informed basis. Victims
crime, or if the victim’s safety is at risk due to the
should therefore be informed of the important aspects
victim’ s statements in those criminal proceedings.
of those measures and they should not be imposed on

the victims. A victim’s refusal of assistance or support
measures should not entail obligations for the competent
authorities of the Member State concerned to provide the
(19) Council Framework Decision 2001/220/JHA of
victim with alternative measures.
15 March 2001 on the standing of victims in criminal
proceedings ( 1 ) establishes a set of victims’ rights in
criminal proceedings, including the right to protection
and compensation. In addition, victims of trafficking in
(22) In addition to measures available to all victims of traf
human beings should be given access without delay to
ficking in human beings, Member States should ensure
legal counselling and, in accordance with the role of
that specific assistance, support and protective measures
victims in the relevant justice systems, to legal represen
are available to child victims. Those measures should be
tation, including for the purpose of claiming compen
provided in the best interests of the child and in
sation. Such legal counselling and representation could
accordance with the 1989 United Nations Convention
also be provided by the competent authorities for the
on the Rights of the Child. Where the age of a person
purpose of claiming compensation from the State. The
subject to trafficking is uncertain, and there are reasons
purpose of legal counselling is to enable victims to be
to believe it is less than 18 years, that person should be
informed and receive advice about the various possi
presumed to be a child and receive immediate assistance,
bilities open to them. Legal counselling should be
support and protection. Assistance and support measures
provided by a person having received appropriate legal
for child victims should focus on their physical and
training without necessarily being a lawyer. Legal coun
psycho-social recovery and on a durable solution for
selling and, in accordance with the role of victims in the
the person in question. Access to education would help
relevant justice systems, legal representation should be
children to be reintegrated into society. Given that child
provided free of charge, at least when the victim does
victims of trafficking are particularly vulnerable, addi
not have sufficient financial resources, in a manner
tional protective measures should be available to
consistent with the internal procedures of Member
protect them during interviews forming part of
States. As child victims in particular are unlikely to
criminal investigations and proceedings.
have such resources, legal counselling and legal represen
tation would in practice be free of charge for them.
Furthermore, on the basis of an individual risk
(23) Particular
attention
should
be
paid
to
unaccompanied
assessment carried out in accordance with national
child victims of trafficking in human beings, as they
procedures, victims should be protected from retaliation,
need specific assistance and support due to their
from intimidation, and from the risk of being re-traf
situation of particular vulnerability. From the moment
ficked.
an unaccompanied child victim of trafficking in human
beings is identified and until a durable solution is found,
Member States should apply reception measures appro
(20) Victims
of
trafficking
who
have
already
suffered
the
priate to the needs of the child and should ensure that
abuse and degrading treatment which trafficking
relevant procedural safeguards apply. The necessary
measures should be taken to ensure that, where appro
( 1 ) OJ L 82, 22.3.2001, p. 1.
priate, a guardian and/or a representative are appointed

---

EN
15.4.2011 Official
Journal
of
the
European
Union L
101/5
in order to safeguard the minor’s best interests. A
lished by Member States, in the way in which they
decision on the future of each unaccompanied child
consider appropriate according to their internal organi
victim should be taken within the shortest possible
sation, and taking into account the need for a minimum
period of time with a view to finding durable solutions
structure with identified tasks, in order to carry out
based on an individual assessment of the best interests of
assessments of trends in trafficking in human beings,
the child, which should be a primary consideration. A
gather statistics, measure the results of anti-trafficking
durable solution could be return and reintegration into
actions, and regularly report. Such national rapporteurs
the country of origin or the country of return, inte
or equivalent mechanisms are already constituted in an
gration into the host society, granting of international
informal Union Network established by the Council
protection status or granting of other status in
Conclusions on establishing an informal EU Network
accordance with national law of the Member States.
of National Rapporteurs or Equivalent Mechanisms on
Trafficking in Human Beings of 4 June 2009. An anti-
trafficking coordinator would take part in the work of
that Network, which provides the Union and the Member
(24) When,
in
accordance
with
this
Directive,
a
guardian
States with objective, reliable, comparable and up-to-date
and/or a representative are to be appointed for a child,
strategic information in the field of trafficking in human
those roles may be performed by the same person or by
beings and exchanges experience and best practices in the
a legal person, an institution or an authority.
field of preventing and combating trafficking in human
beings at Union level. The European Parliament should
be entitled to participate in the joint activities of the
national rapporteurs or equivalent mechanisms.
(25) Member States should establish and/or strengthen
policies to prevent trafficking in human beings,
including measures to discourage and reduce the
demand that fosters all forms of exploitation, and
(28) In
order
to
evaluate
the
results
of
anti-trafficking
action,
measures to reduce the risk of people becoming
the Union should continue to develop its work on
victims of trafficking in human beings, by means of
methodologies and data collection methods to produce
research, including research into new forms of trafficking
comparable statistics.
in human beings, information, awareness-raising, and
education. In such initiatives, Member States should
adopt a gender perspective and a child-rights approach.
Officials likely to come into contact with victims or
(29) In the light of the Stockholm Programme and with a
potential victims of trafficking in human beings should
view to developing a consolidated Union strategy
be adequately trained to identify and deal with such
against trafficking in human beings aimed at further
victims. That training obligation should be promoted
strengthening the commitment of, and efforts made, by
for members of the following categories when they are
the Union and the Member States to prevent and combat
likely to come into contact with victims: police officers,
such trafficking, Member States should facilitate the tasks
border guards, immigration officials, public prosecutors,
of an anti-trafficking coordinator, which may include for
lawyers, members of the judiciary and court officials,
example improving coordination and coherence, avoiding
labour inspectors, social, child and health care
duplication of effort, between Union institutions and
personnel and consular staff, but could, depending on
agencies as well as between Member States and inter
local circumstances, also involve other groups of public
national actors, contributing to the development of
officials who are likely to encounter trafficking victims in
existing or new Union policies and strategies relevant
their work.
to the fight against trafficking in human beings or
reporting to the Union institutions.
(26) Directive 2009/52/EC provides for sanctions for
employers of illegally staying third-country nationals
(30) This
Directive
aims
to
amend
and
expand
the
provisions
who, while not having been charged with or convicted
of Framework Decision 2002/629/JHA. Since the
of trafficking in human beings, use work or services
amendments to be made are of substantial number and
exacted from a person with the knowledge that that
nature, the Framework Decision should in the interests of
person is a victim of such trafficking. In addition,
clarity be replaced in its entirety in relation to Member
Member States should take into consideration the possi
States participating in the adoption of this Directive.
bility of imposing sanctions on the users of any service
exacted from a victim, with the knowledge that the
person has been trafficked. Such further criminalisation
could cover the behaviour of employers of legally staying
(31) In
accordance
with
point
34
of
the
Interinstitutional
third-country nationals and Union citizens, as well as
Agreement on better law-making ( 1 ), Member States are
buyers of sexual services from any trafficked person,
encouraged to draw up, for themselves and in the interest
irrespective of their nationality.
of the Union, their own tables which will, as far as
possible, illustrate the correlation between this Directive
and the transposition measures, and to make them
public.
(27) National monitoring systems such as national
rapporteurs or equivalent mechanisms should be estab
( 1 ) OJ C 321, 31.12.2003, p. 1.

---

L 101/6
EN
Official Journal of the European Union
15.4.2011
(32) Since
the
objective
of
this
Directive,
namely
to
fight
Article 2
against trafficking in human beings, cannot be
sufficiently achieved by the Member States and can
Offences concerning trafficking in human beings
therefore, by reason of the scale and effects of the
1. Member
States
shall
take
the
necessary
measures
to
ensure
action be better achieved at Union level, the Union
that the following intentional acts are punishable:
may adopt measures in accordance with the principle
of subsidiarity as set out in Article 5 of the Treaty on
European Union. In accordance with the principle of
The recruitment, transportation, transfer, harbouring or
proportionality, as set out in that Article, this Directive
reception of persons, including the exchange or transfer of
does not go beyond what is necessary to achieve that
control over those persons, by means of the threat or use of
objective.
force or other forms of coercion, of abduction, of fraud, of
deception, of the abuse of power or of a position of vulner
ability or of the giving or receiving of payments or benefits to
(33) This
Directive
respects
fundamental
rights
and
observes
achieve the consent of a person having control over another
the principles recognised in particular by the Charter of
person, for the purpose of exploitation.
Fundamental Rights of the European Union and notably
human dignity, the prohibition of slavery, forced labour
and trafficking in human beings, the prohibition of
2. A
position
of
vulnerability
means
a
situation
in
which
the
torture and inhuman or degrading treatment or
person concerned has no real or acceptable alternative but to
punishment, the rights of the child, the right to liberty
submit to the abuse involved.
and security, freedom of expression and information, the
protection of personal data, the right to an effective
remedy and to a fair trial and the principles of the
3. Exploitation
shall
include,
as
a
minimum,
the
exploitation
legality and proportionality of criminal offences and
of the prostitution of others or other forms of sexual exploi
penalties. In particular, this Directive seeks to ensure
tation, forced labour or services, including begging, slavery or
full respect for those rights and principles and must be
practices similar to slavery, servitude, or the exploitation of
implemented accordingly.
criminal activities, or the removal of organs.
(34) In
accordance
with
Article
3
of
the
Protocol
on
the
4. The
consent
of
a
victim
of
trafficking
in
human
beings
to
position of the United Kingdom and Ireland in respect
the exploitation, whether intended or actual, shall be irrelevant
of the area of freedom, security and justice, annexed to
where any of the means set forth in paragraph 1 has been used.
the Treaty on European Union and the Treaty on the
Functioning of the European Union, Ireland has
notified its wish to take part in the adoption and appli
5. When
the
conduct
referred
to
in
paragraph
1
involves
a
cation of this Directive.
child, it shall be a punishable offence of trafficking in human

beings even if none of the means set forth in paragraph 1 has
been used.
(35) In accordance with Articles 1 and 2 of the Protocol on
the position of the United Kingdom and Ireland in
respect of the area of freedom, security and justice,
6. For
the
purpose
of
this
Directive,
‘child’
shall
mean
any
annexed to the Treaty on European Union and to the
person below 18 years of age.
Treaty on the Functioning of the European Union, and
without prejudice to Article 4 of that Protocol, the
Article 3
United Kingdom is not taking part in the adoption of
this Directive and is not bound by it or subject to its
Incitement, aiding and abetting, and attempt
application.
Member States shall take the necessary measures to ensure that
inciting, aiding and abetting or attempting to commit an
(36) In accordance with Articles 1 and 2 of the Protocol on
offence referred to in Article 2 is punishable.
the position of Denmark annexed to the Treaty on
European Union and to the Treaty on the Functioning
of the European Union, Denmark is not taking part in
Article 4
the adoption of this Directive and is not bound by it or
Penalties
subject to its application,
1. Member
States
shall
take
the
necessary
measures
to
ensure
that an offence referred to in Article 2 is punishable by a
HAVE ADOPTED THIS DIRECTIVE:
maximum penalty of at least five years of imprisonment.
Article 1
2. Member
States
shall
take
the
necessary
measures
to
ensure
Subject matter
that an offence referred to in Article 2 is punishable by a
maximum penalty of at least 10 years of imprisonment where
This Directive establishes minimum rules concerning the defi
that offence:
nition of criminal offences and sanctions in the area of traf
ficking in human beings. It also introduces common provisions,
taking into account the gender perspective, to strengthen the
(a) was committed against a victim who was particularly
prevention of this crime and the protection of the victims
vulnerable, which, in the context of this Directive, shall
thereof.
include at least child victims;

---

EN
15.4.2011 Official
Journal
of
the
European
Union L
101/7
(b) was committed within the framework of a criminal organi
which shall include criminal or non-criminal fines and may
sation within the meaning of Council Framework Decision
include other sanctions, such as:
2008/841/JHA of 24 October 2008 on the fight against
organised crime ( 1 );
(a) exclusion from entitlement to public benefits or aid;
(c) deliberately or by gross negligence endangered the life of the
victim; or
(b) temporary or permanent disqualification from the practice
of commercial activities;
(d) was committed by use of serious violence or has caused
particularly serious harm to the victim.
(c) placing under judicial supervision;
3. Member
States
shall
take
the
necessary
measures
to
ensure
that the fact that an offence referred to in Article 2 was
(d) judicial winding-up;
committed by public officials in the performance of their
duties is regarded as an aggravating circumstance.
(e) temporary or permanent closure of establishments which
have been used for committing the offence.
4. Member
States
shall
take
the
necessary
measures
to
ensure
that an offence referred to in Article 3 is punishable by
Article 7
effective, proportionate and dissuasive penalties, which may
entail surrender.
Seizure and confiscation
Member States shall take the necessary measures to ensure that
Article 5
their competent authorities are entitled to seize and confiscate
Liability of legal persons
instrumentalities and proceeds from the offences referred to in
Articles 2 and 3.
1. Member
States
shall
take
the
necessary
measures
to
ensure
that legal persons can be held liable for the offences referred to
in Articles 2 and 3 committed for their benefit by any person,
Article 8
acting either individually or as part of an organ of the legal
Non-prosecution or non-application of penalties to the
person, who has a leading position within the legal person,
victim
based on:
Member States shall, in accordance with the basic principles of
(a) a power of representation of the legal person;
their legal systems, take the necessary measures to ensure that
competent national authorities are entitled not to prosecute or
impose penalties on victims of trafficking in human beings for
(b) an authority to take decisions on behalf of the legal person;
their involvement in criminal activities which they have been
or
compelled to commit as a direct consequence of being subjected
to any of the acts referred to in Article 2.
(c) an authority to exercise control within the legal person.
Article 9
2. Member States shall also ensure that a legal person can be
held liable where the lack of supervision or control, by a person
Investigation and prosecution
referred to in paragraph 1, has made possible the commission
of the offences referred to in Articles 2 and 3 for the benefit of
1.
Member States shall ensure that investigation into or pros
that legal person by a person under its authority.
ecution of offences referred to in Articles 2 and 3 is not
dependent on reporting or accusation by a victim and that
criminal proceedings may continue even if the victim has
3. Liability
of
a
legal
person
under
paragraphs
1
and
2
shall withdrawn his or her statement.
not exclude criminal proceedings against natural persons who
are perpetrators, inciters or accessories in the offences referred
to in Articles 2 and 3.
2. Member
States
shall
take
the
necessary
measures
to
enable, where the nature of the act calls for it, the prosecution
of an offence referred to in Articles 2 and 3 for a sufficient
4. For
the
purpose
of
this
Directive,
‘legal
person’
shall
mean period of time after the victim has reached the age of majority.
any entity having legal personality under the applicable law,
except for States or public bodies in the exercise of State
authority and for public international organisations.
3. Member
States
shall
take
the
necessary
measures
to
ensure
that persons, units or services responsible for investigating or
Article 6
prosecuting the offences referred to in Articles 2 and 3 are
trained accordingly.
Sanctions on legal persons
Member States shall take the necessary measures to ensure that
4. Member
States
shall
take
the
necessary
measures
to
ensure
a legal person held liable pursuant to Article 5(1) or (2) is
that effective investigative tools, such as those which are used in
subject to effective, proportionate and dissuasive sanctions,
organised crime or other serious crime cases are available to
persons, units or services responsible for investigating or pros
( 1 ) OJ L 300, 11.11.2008, p. 42.
ecuting the offences referred to in Articles 2 and 3.

---

L 101/8
EN
Official Journal of the European Union
15.4.2011
Article 10
3. Member
States
shall
take
the
necessary
measures
to
ensure
that assistance and support for a victim are not made condi
Jurisdiction
tional on the victim’s willingness to cooperate in the criminal
1. Member
States
shall
take
the
necessary
measures
to investigation, prosecution or trial, without prejudice to Directive
establish their jurisdiction over the offences referred to in
2004/81/EC or similar national rules.
Articles 2 and 3 where:
4. Member
States
shall
take
the
necessary
measures
to
(a) the offence is committed in whole or in part within their
establish appropriate mechanisms aimed at the early identifi
territory; or
cation of, assistance to and support for victims, in cooperation
with relevant support organisations.
(b) the offender is one of their nationals.
5. The
assistance
and
support
measures
referred
to
in
2. A
Member
State
shall
inform
the
Commission
where
it paragraphs 1 and 2 shall be provided on a consensual and
decides to establish further jurisdiction over the offences
informed basis, and shall include at least standards of living
referred to in Articles 2 and 3 committed outside its territory,
capable of ensuring victims’ subsistence through measures
inter alia, where:
such as the provision of appropriate and safe accommodation
and material assistance, as well as necessary medical treatment
including psychological assistance, counselling and information,
(a) the offence is committed against one of its nationals or a
and translation and interpretation services where appropriate.
person who is an habitual resident in its territory;
6. The
information
referred
to
in
paragraph
5
shall
cover,
(b) the offence is committed for the benefit of a legal person
where relevant, information on a reflection and recovery period
established in its territory; or
pursuant to Directive 2004/81/EC, and information on the
possibility of granting international protection pursuant to
Council Directive 2004/83/EC of 29 April 2004 on minimum
(c) the offender is an habitual resident in its territory.
standards for the qualification and status of third country
nationals or stateless persons as refugees or as persons who
3. For the prosecution of the offences referred to in Articles
otherwise need international protection and the content of the
2 and 3 committed outside the territory of the Member State
protection granted ( 1 ) and Council Directive 2005/85/EC of
concerned, each Member State shall, in those cases referred to in
1 December 2005 on minimum standards on procedures in
point (b) of paragraph 1, and may, in those cases referred to in
Member States for granting and withdrawing refugee status ( 2 )
paragraph 2, take the necessary measures to ensure that its
or pursuant to other international instruments or other similar
jurisdiction is not subject to either of the following conditions:
national rules.
(a) the acts are a criminal offence at the place where they were
7. Member
States
shall
attend
to
victims
with
special
needs,
performed; or
where those needs derive, in particular, from whether they are
pregnant, their health, a disability, a mental or psychological
disorder they have, or a serious form of psychological,
(b) the prosecution can be initiated only following a report
physical or sexual violence they have suffered.
made by the victim in the place where the offence was
committed, or a denunciation from the State of the place
where the offence was committed.
Article 12
Protection of victims of trafficking in human beings in
Article 11
criminal investigation and proceedings
Assistance and support for victims of trafficking in human
1. The
protection
measures
referred
to
in
this
Article
shall
beings
apply in addition to the rights set out in Framework Decision
1. Member
States
shall
take
the
necessary
measures
to
ensure 2001/220/JHA.
that assistance and support are provided to victims before,
during and for an appropriate period of time after the
conclusion of criminal proceedings in order to enable them
2. Member
States
shall
ensure
that
victims
of
trafficking
in
to exercise the rights set out in Framework Decision
human beings have access without delay to legal counselling,
2001/220/JHA, and in this Directive.
and, in accordance with the role of victims in the relevant
justice system, to legal representation, including for the
purpose of claiming compensation. Legal counselling and legal
2. Member
States
shall
take
the
necessary
measures
to
ensure representation shall be free of charge where the victim does not
that a person is provided with assistance and support as soon as
have sufficient financial resources.
the competent authorities have a reasonable-grounds indication
for believing that the person might have been subjected to any
( 1 ) OJ L 304, 30.9.2004, p. 12.
of the offences referred to in Articles 2 and 3.
( 2 ) OJ L 326, 13.12.2005, p. 13.

---

EN
15.4.2011 Official
Journal
of
the
European
Union L
101/9
3. Member
States
shall
ensure
that
victims
of
trafficking
in needs and concerns with a view to finding a durable solution
human beings receive appropriate protection on the basis of an
for the child. Within a reasonable time, Member States shall
individual risk assessment, inter alia, by having access to witness
provide access to education for child victims and the children
protection programmes or other similar measures, if appropriate
of victims who are given assistance and support in accordance
and in accordance with the grounds defined by national law or
with Article 11, in accordance with their national law.
procedures.
2. Members States shall appoint a guardian or a represen
4. Without prejudice to the rights of the defence, and
tative for a child victim of trafficking in human beings from the
according to an individual assessment by the competent
moment the child is identified by the authorities where, by
authorities of the personal circumstances of the victim,
national law, the holders of parental responsibility are, as a
Member States shall ensure that victims of trafficking in
result of a conflict of interest between them and the child
human beings receive specific treatment aimed at preventing
victim, precluded from ensuring the child’s best interest
secondary victimisation by avoiding, as far as possible and in
and/or from representing the child.
accordance with the grounds defined by national law as well as
with rules of judicial discretion, practice or guidance, the
following:
3. Member
States
shall
take
measures,
where
appropriate
and
possible, to provide assistance and support to the family of a
child victim of trafficking in human beings when the family is
(a) unnecessary repetition of interviews during investigation,
in the territory of the Member States. In particular, Member
prosecution or trial;
States shall, where appropriate and possible, apply Article 4
of Framework Decision 2001/220/JHA to the family.
(b) visual contact between victims and defendants including
during the giving of evidence such as interviews and
4. This Article shall apply without prejudice to Article 11.
cross-examination, by appropriate means including the use
of appropriate communication technologies;
Article 15
(c) the giving of evidence in open court; and
Protection of child victims of trafficking in human beings
in criminal investigations and proceedings
1. Member
States
shall
take
the
necessary
measures
to
ensure
(d) unnecessary questioning concerning the victim’s private life.
that in criminal investigations and proceedings, in accordance
with the role of victims in the relevant justice system,
competent authorities appoint a representative for a child
victim of trafficking in human beings where, by national law,
Article 13
the holders of parental responsibility are precluded from repre
General provisions on assistance, support and protection
senting the child as a result of a conflict of interest between
measures for child victims of trafficking in human beings
them and the child victim.
1. Child
victims
of
trafficking
in
human
beings
shall
be
provided with assistance, support and protection. In the appli
cation of this Directive the child’s best interests shall be a
2. Member
States
shall,
in
accordance
with
the
role
of
primary consideration.
victims in the relevant justice system, ensure that child
victims have access without delay to free legal counselling
and to free legal representation, including for the purpose of
claiming compensation, unless they have sufficient financial
2. Member
States
shall
ensure
that,
where
the
age
of
a resources.
person subject to trafficking in human beings is uncertain and
there are reasons to believe that the person is a child, that
person is presumed to be a child in order to receive
immediate access to assistance, support and protection in
3. Without prejudice to the rights of the defence, Member
accordance with Articles 14 and 15.
States shall take the necessary measures to ensure that in
criminal investigations and proceedings in respect of any of
the offences referred to in Articles 2 and 3:
Article 14
Assistance and support to child victims
(a) interviews with the child victim take place without unjus
tified delay after the facts have been reported to the
1. Member
States
shall
take
the
necessary
measures
to
ensure
competent authorities;
that the specific actions to assist and support child victims of
trafficking in human beings, in the short and long term, in their
physical and psycho-social recovery, are undertaken following
an individual assessment of the special circumstances of each
(b) interviews with the child victim take place, where necessary,
particular child victim, taking due account of the child’s views,
in premises designed or adapted for that purpose;

---

L 101/10
EN
Official Journal of the European Union
15.4.2011
(c) interviews with the child victim are carried out, where
with the role of victims in the relevant justice system,
necessary, by or through professionals trained for that
competent authorities appoint a representative where the child
purpose;
is unaccompanied or separated from its family.
(d) the same persons, if possible and where appropriate,
conduct all the interviews with the child victim;
5. This
Article
shall
apply
without
prejudice
to
Articles
14
and 15.
(e) the number of interviews is as limited as possible and
interviews are carried out only where strictly necessary for
the purposes of criminal investigations and proceedings;
Article 17
Compensation to victims
(f) the child victim may be accompanied by a representative or,
Member States shall ensure that victims of trafficking in human
where appropriate, an adult of the child’s choice, unless a
beings have access to existing schemes of compensation to
reasoned decision has been made to the contrary in respect
victims of violent crimes of intent.
of that person.
4. Member
States
shall
take
the
necessary
measures
to
ensure
Article 18
that in criminal investigations of any of the offences referred to
in Articles 2 and 3 all interviews with a child victim or, where
Prevention
appropriate, with a child witness, may be video recorded and
1. Member
States
shall
take
appropriate
measures,
such
as
that such video recorded interviews may be used as evidence in
education and training, to discourage and reduce the demand
criminal court proceedings, in accordance with the rules under
that fosters all forms of exploitation related to trafficking in
their national law.
human beings.
5. Member
States
shall
take
the
necessary
measures
to
ensure
that in criminal court proceedings relating to any of the
2. Member
States
shall
take
appropriate
action,
including
offences referred to in Articles 2 and 3, it may be ordered that:
through the Internet, such as information and awareness-
raising campaigns, research and education programmes, where
(a) the hearing take place without the presence of the public;
appropriate in cooperation with relevant civil society organi
and
sations and other stakeholders, aimed at raising awareness and
reducing the risk of people, especially children, becoming
victims of trafficking in human beings.
(b) the child victim be heard in the courtroom without being
present, in particular, through the use of appropriate
communication technologies.
3. Member
States
shall
promote
regular
training
for
officials
likely to come into contact with victims or potential victims of
6. This Article shall apply without prejudice to Article 12.
trafficking in human beings, including front-line police officers,
aimed at enabling them to identify and deal with victims and
potential victims of trafficking in human beings.
Article 16
Assistance, support and protection for unaccompanied
child victims of trafficking in human beings
4. In
order
to
make
the
preventing
and
combating
of
traf
ficking in human beings more effective by discouraging
1. Member
States
shall
take
the
necessary
measures
to
ensure demand, Member States shall consider taking measures to
that the specific actions to assist and support child victims of
establish as a criminal offence the use of services which are
trafficking in human beings, as referred to in Article 14(1), take
the objects of exploitation as referred to in Article 2, with the
due account of the personal and special circumstances of the
knowledge that the person is a victim of an offence referred to
unaccompanied child victim.
in Article 2.
2. Member
States
shall
take
the
necessary
measures
with
a
view to finding a durable solution based on an individual
Article 19
assessment of the best interests of the child.
National rapporteurs or equivalent mechanisms
3. Member
States
shall
take
the
necessary
measures
to
ensure Member States shall take the necessary measures to establish
that, where appropriate, a guardian is appointed to unaccom
national rapporteurs or equivalent mechanisms. The tasks of
panied child victims of trafficking in human beings.
such mechanisms shall include the carrying out of assessments
of trends in trafficking in human beings, the measuring of
results of anti-trafficking actions, including the gathering of
4. Member
States
shall
take
the
necessary
measures
to
ensure statistics in close cooperation with relevant civil society organi
that, in criminal investigations and proceedings, in accordance
sations active in this field, and reporting.

---

EN
15.4.2011 Official
Journal
of
the
European
Union L
101/11
Article 20
by such a reference on the occasion of their official publication.
The methods of making such reference shall be laid down by
Coordination of the Union strategy against trafficking in
the Member States.
human beings
In order to contribute to a coordinated and consolidated Union
strategy against trafficking in human beings, Member States
Article 23
shall facilitate the tasks of an anti-trafficking coordinator
Reporting
(ATC). In particular, Member States shall transmit to the ATC
the information referred to in Article 19, on the basis of which
1. The
Commission
shall,
by
6
April
2015,
submit
a
report
the ATC shall contribute to reporting carried out by the
to the European Parliament and the Council, assessing the
Commission every two years on the progress made in the
extent to which the Member States have taken the necessary
fight against trafficking in human beings.
measures in order to comply with this Directive, including a
description of action taken under Article 18(4), accompanied, if
necessary, by legislative proposals.
Article 21
Replacement of Framework Decision 2002/629/JHA
2. The
Commission
shall,
by
6
April
2016,
submit
a
report
to the European Parliament and the Council, assessing the
Framework Decision 2002/629/JHA on combating trafficking in
impact of existing national law, establishing as a criminal
human beings is hereby replaced in relation to Member States
offence the use of services which are the objects of exploitation
participating in the adoption of this Directive, without prejudice
of trafficking in human beings, on the prevention of trafficking
to the obligations of the Member States relating to the time
in human beings, accompanied, if necessary, by adequate
limit for transposition of the Framework Decision into national
proposals.
law.
Article 24
In relation to Member States participating in the adoption of
Entry into force
this Directive, references to the Framework Decision
2002/629/JHA shall be construed as references to this Directive.
This Directive shall enter into force on the day of its publication
in the Official Journal of the European Union.
Article 22
Article 25
Transposition
Addressees
1. Member
States
shall
bring
into
force
the
laws,
regulations
and administrative provisions necessary to comply with this
This Directive is addressed to the Member States in accordance
Directive by 6 April 2013.
with the Treaties.
Done at Strasbourg, 5 April 2011.
2. Member States shall transmit to the Commission the text
of the provisions transposing into their national law the obli
gations imposed on them under this Directive.
For the European Parliament
For the Council
3. When
Member
States
adopt
these
measures,
they
shall
The President
The President
contain a reference to this Directive or shall be accompanied
J. BUZEK
GYRI E.

---