Violation of sanctions/EU crimes

Background:

The Council of the European Union sets foreign policy sanctions which are applicable to all member states. However, implementation and enforcement are decentralized. This results in fragmentation, with national legislation varying in definitions, scope, penalties, and investigative capacities. The Commission oversees member state compliance with EU sanctions regulations and can initiate infringement procedures, but it has only recently begun improving implementation and enforcement. A new directive proposal enables the Commission to propose legislation to standardize criminal offenses and penalties for violating EU sanctions. This is justified by the inclusion of sanction violations among the list of EU crimes under art. 83(1) of the Treaty on the Functioning of the European Union, since the violation of sanctions can perpetuate threats to peace, democracy, and security.

Key points:

In the opinion, the European Economic and Social Committee (EESC):

• urges the EU institutions to expand the humanitarian carve-out to ensure that economic sanctions do not have unintended negative consequences on humanitarian aid and assistance. The Committee calls for provisions to exempt and protect humanitarian agencies and personnel from criminal liability and protect whistle-blowers and journalists who report on these violations, while also ensuring that appropriate mechanisms are in place to prevent abuse for criminal or political purposes.
• requests that the private sector and civil society organisations are provided with adequate information and proactive support in adjusting to the new legislation and in complying with the requirements of sanction regimes.
• calls for Member States to be equipped with adequate administrative capacities, sufficient funds, and trained personnel for detecting, prosecuting and punishing sanctions violations, and for the sharing of best practices among judicial and law enforcement authorities.

Background information: 

Section: Employment, Social Affairs and Citizenship (SOC)

Opinion type: Optional

Rapporteur: José Antonio Moreno Díaz

Reference: COM(2022) 249 final, COM(2022) 249 final, COM(2022) 684 final 2022/0398 COD

Date of the section meeting: 08 March 2023

Results of the section meeting vote: 71 in favour, 0 against, 2 abstentions

Date of adoption at the EESC plenary session: 22-23 March 2023

Results of the plenary session vote: 141 in favour, 1 against, 2 abstentions

Contacts:

Giorgia Battiato (Press Officer)
Tel.: + 32 2 546 9449 | Mob: +32 475 999 431
email: giorgia.battiato@eesc.europa.eu

Alessia Cova (Administrator)
Tel.: +32 2 546 9426
email: alessia.cova@eesc.europa.eu