The EU sanctions process explained
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The EU sanctions process explained
What are EU sanctions?
Preventive measures also called restrictive measures which allow the EU to respond to political challenges and developments that go against its objectives and values.
Who decides to impose EU sanctions?
EU autonomous sanctions: the Council may decide to impose sanctions on its own initiative, put forward by the High Representative of the Union for Foreign Affairs and Security Policy (HR) or the member states. They usually apply for 12 months.
Restrictive measures are laid down in Common Foreign and Security Policy (CFSP) Council decisions.
How do they work?
- travel ban: impedes those listed from entering or transiting through EU territories
- asset freeze: is used against the funds or economic resources of the listed persons
- funds: EU citizens and companies are forbidden from making funds available to the listed individuals and entities
How to adopt a Council decision on sanctions?
Step 1: The HR makes a proposal (proposed measures)
Step 2: The relevant Council preparatory bodies examine & discuss the proposed measures
Step 3: Coreper II agrees on the legal act
Step 4: The Council then adopts the decision
Step 5: The decision is published in the Official Journal of the European Union.
Who exactly is involved in the Council?
- Council working party responsible for the geographical regionto which the targeted country belongs, or thematic working party (e.g. human rights, cyber)
- if required, the Political and Security Committee (PSC)
- the Committee of Permanent Representatives (Coreper II)
If the Council decision includes:
- an asset freeze
- and/or other types of economic measures
- and/or financial sanctions
A Council regulation must be adopted.
How to adopt a Council regulation on sanctions?
Step 1: The HR and the Commission present a joint proposal for a Council regulation.
Step 2: The relevant Council preparatory bodies examine & discuss the proposed measures
Step 3: Coreper II agrees on the legal act
Step 4: The Council then adopts the regulation
Step 5: The regulation is published in the Official Journal of the European Union.
Step 6: The Council then informs the European Parliament.
The Council decision and the Council regulation are usually adopted together and enter into force on the day of its adoption. This allows for both legal acts to produce their effects at the same time (an asset freeze).
Who implements them?
They are implemented by member states.
The Commission will verify that the member states have implemented the regulations in a proper and timely manner. And must be enforced within the EU by citizens and operators. They are reviewed regularly.
Depending on how the situation develops, the Council can decide at any time to
- amend
- extend
- lift them
Who aligns with them?
Sanctions are more effective when EU and like-minded partners are well-aligned, such as:
- candidate countries
- EFTA/EEA countries
- members of the Eastern partnership
How are those targeted persons informed about the sanctions?
Natural and legal persons subject to an asset freeze or travel restrictions are notified:
- individually by letter (if known address)
- by notice published by the Council in the "C" Series of the Official Journal of the European Union
How to request the lifting of restrictive measures?
Listed persons and entities may:
- submit a request to the Council, with supporting documentation, requesting that the decision to list them be reconsidered
- challenge the Council's decision before the General Court of the European Union: Article 275 and 263 (Treaty on the Functioning of the European Union)