Why the EU adopts sanctions

A tool of diplomacy

Restrictive measures or 'sanctions' are an essential tool of the EU's Common Foreign and Security Policy. They allow the EU to respond to global challenges and developments that go against its objectives and values.

Decisions on sanctions are taken by the Council of the European Union by unanimity.

EU sanctions are targeted and aim at those responsible for the policies or actions the EU wants to influence. They do not target a country or population.

Sanctions are not punitive and instead seek to bring about a change in the policy or conduct of those targeted, with a view to promoting the objectives of the EU's Common Foreign and Security Policy.

These objectives include:

A collage of several elements. On the left against a blue background : coins, a barrel of oil, a telecommunications antenna and two war drones. On the right against a pale blue background: a hand making a stop sign, a woman with her arm raised in a fist and a justice hammer.

safeguarding EU's values, fundamental interests and security

supporting democracy, the rule of law, human rights and international law

preserving peace, preventing conflicts and strengthening international security

Sanctions may target governments of non-EU countries, non-state entities, groups and individuals, and consist of asset freezes and travel bans. The EU can also adopt economic sanctions and diplomatic measures.

All restrictive measures adopted by the EU are fully compliant with obligations under international law, including those pertaining to humanitarian aid, human rights, and fundamental freedoms.

Guidelines on restrictive measures

In 2004, the Political and Security Committee agreed on some basic principles on:

the use of sanctions
their implementation
how to measure and control their impact

The best practices for the effective implementation of restrictive measures were last updated in 2022. The guidelines on the implementation and evaluation of restrictive measures were last updated in 2018.

Humanitarian exemption

EU sanctions are fully in line with international law, including international humanitarian law.

On 9 December 2022, the UN Security Council adopted resolution 2664 (2022), which provides a “humanitarian carve-out” - a standing humanitarian exemption - to the asset freeze measures imposed by United Nations sanctions regimes.

On 14 February 2023, the Council decided to introduce the humanitarian exemption pursuant to resolution 2664 in the UN sanctions regimes at EU level, and on 31 March 2023 introduced the humanitarian exemption in what is known as UN/EU mixed sanctions regimes in which EU measures complement sanctions imposed by the UN Security Council.

Between 2023 and 2024, the Council further introduced the humanitarian exemption into certain restrictive measures regime, including the regimes established in view of the situations in Bosnia and Herzegovina, Burundi, Guinea, Lebanon, Myanmar, Nicaragua, Tunisia, Venezuela and Zimbabwe, and in relation to cyber-attacks and terrorism.

These decisions demonstrate the EU’s steadfast determination to avoid unintended negative consequences of sanctions on humanitarian action, and the importance given to the full adherence to international law.

Violating sanctions is a crime

On 28 November 2022, the Council adopted a decision to add the violation of restrictive measures to the list of ‘EU crimes’ included in the Treaty on the Functioning of the EU. This will avoid different degrees of enforcement of sanctions in member states and the risk of these measures being circumvented.

Additionally, on 12 April 2024, the Council adopted new rules to make sure that the violation of restrictive measures is criminalised.

Thanks to these new rules, certain actions are considered criminal offences in all member states, for example helping to bypass a travel ban, trading in sanctioned goods or performing prohibited financial activities. Inciting, aiding and abetting these offences can also be penalised.

Member states must ensure that violating EU sanctions is punishable by effective and proportionate criminal penalties, which vary depending on the offence. However, intentional violation of sanctions must give rise to a prison sentence as the maximum penalty.

Why the EU adopts sanctions

A tool of diplomacy

Guidelines on restrictive measures

Humanitarian exemption

Violating sanctions is a crime

See also