Adoption and review procedure for EU sanctions
Adoption of a Council decision
Restrictive measures are laid down in Common Foreign and Security Policy (CFSP) Council decisions. A proposal is made by the High Representative of the Union for Foreign Affairs and Security Policy (HR).
The proposed measures are then examined and discussed by the relevant Council preparatory bodies:
- the Council working party responsible for the geographical region to which the targeted country belongs (for example, the Eastern Europe and Central Asia Working Party (COEST) for Ukraine or Belarus; the Mashreq/Maghreb Working Party for Syria, or other preparatory body)
- the Working Party of Foreign Relations Counsellors Working Party (RELEX)
- if required, the Political and Security Committee (PSC)
- the Committee of Permanent Representatives (COREPER II)
The decision is then adopted by the Council by unanimity.
If the Council Decision includes an asset freeze and/or other types of economic and/or financial sanctions, those measures need to be implemented in a Council regulation.
Adoption of a Council regulation
Based on the CFSP Council decision, the High Representative and the Commission present a joint proposal for a Council regulation.
The joint proposal is examined by RELEX and forwarded to COREPER and the Council for adoption. The Council then informs the European Parliament of the adoption of the Council regulation.
The regulation lays down the precise scope of the measures and details for their implementation. As a legal act of general application, the regulation is binding on any person or entity (economic operators, public authorities, etc.) within the EU.
Entry into force
The Council decision enters into force upon publication in the Official Journal of the European Union.
The CFSP Council decision and the Council regulation are adopted together to allow for both legal acts to produce their effects at the same time. This is particularly relevant in the case of an asset freeze.
Measures laid down only in the CFSP decision, such as arms embargoes or travel restrictions, will be implemented by the member states, while the Commission will verify that the member states have implemented the regulations in a proper and timely manner.
Notification procedure
Persons and entities subject to an asset freeze or travel restrictions (listed persons and entities) are notified of the measures that have been taken against them:
- individually by letter if their address is available
- by means of a notice published by the Council in the "C" Series of the Official Journal of the European Union
Review process
All restrictive measures in force are kept under constant review to ensure that they continue to contribute towards achieving their stated objectives.
UN Security Council resolutions
Restrictive measures adopted in implementation of UN Security Council resolutions do not have an end date. They are amended or lifted without delay, following a decision by the UN to that effect.
Mixed sanctions regimes
UN provisions are also open-ended in time. EU autonomous provisions are reviewed at least once every 12 months.
Autonomous restrictive measures
Council decisions imposing EU autonomous restrictive measures usually apply for 12 months, while the corresponding Council regulations are open-ended.
Before deciding to extend such a Council decision, the Council will review the restrictive measures. Depending on how the situation develops, the Council can decide at any time to amend, extend or temporarily suspend them.
Request for lifting of restrictive measures
Listed persons and entities may submit a request to the Council, together with supporting documentation, requesting that the decision to list them be reconsidered. They should send it to the following address:
Council of the European Union
General Secretariat
DG C 1C
Rue de la Loi/Wetstraat 175
1048 Bruxelles/Brussel
BELGIQUE/BELGIË
Lastly, listed persons and entities have the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in the second paragraph of Article 275 and the fourth and sixth paragraphs of Article 263 of the Treaty on the Functioning of the European Union.