A key tool for the EU to intervene where necessary to prevent conflict or respond to current or emerging crises.
Sanctions are an essential tool in the EU’s common foreign and security policy (CFSP), through which it can intervene where necessary to prevent conflict or respond to current or emerging crises.Although they are called ‘sanctions’, EU restrictive measures are not punitive. They are intended to bring about a change in bad or harmful policiesor activities by targeting the non-EU countries, including organisations and individuals, responsible.
The EU has over 40 different sanctions regimes in place. Some are mandated by the United Nations Security Council , while others are adopted autonomously by the EU.
Decisions on the adoption, renewal, or lifting of sanctions regimes are taken by the Council of the European Union, on the basis of proposals from the High Representative of the Union for Foreign Affairs and Security Policy. The European Commission, together with the High Representative, make joint proposals of sanctions to the Council for adoption at unanimity. It then becomes applicable EU law when published in the Official Journal. In addition, as guardian of the treaties, the Commission plays a vital role in overseeing sanctions implementation by Member States.
The EU applies sanctions to implement UN Security Council Resolutions or to further the objectives of the CFSP, namely
EU sanctions can target governments of non-EU countries, as well as companies, groups, organisations, or individuals through the following measures
EU sanctions are carefully targeted, and designed to be proportionate to the objectives they seek to achieve. As such, they are aimed at those responsible for the policies or actions the EU wants to influence, while reducing as much as possible any unintended consequences.
As they are a foreign policy tool, EU sanctions inherently apply in non-EU countries – however, only within an EU jurisdiction. In other words, the obligations imposed are binding on EU nationals or people located in the EU or doing business here.
The task of conducting investigations into potential non-compliance cases falls to the Member States and their national competent authorities. Member States must have effective, proportionate and dissuasive penalties in place, and enforce them when EU sanctions are breached.
The Directorate-General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA) prepares proposals for Regulations on sanctions for adoption by the Council of the European Union, and represents the European Commission in sanctions-related discussions with Member States at the Council Working Party of Foreign Relations Counsellors. DG FISMA is also responsible for transposing certain United Nations sanctions into EU law.
DG FISMA is also in charge of monitoring, on behalf of the European Commission, the implementation and enforcement of EU sanctions across all Member States. DG FISMA is increasingly supporting Member States in their efforts to apply sanctions, by answering questions of interpretation raised by national competent authorities, as well as economic and humanitarian operators.
In addition, DG FISMA is dedicating increasing efforts to strengthening the application of EU sanctions even further, and to enhancing the resilience of the EU to extra-territorial sanctions adopted by countries outside the EU (see also the EU Blocking Statute). This is reflected in the mission letter of Commissioner Mairead McGuinness in the Commission’s Work Programme 2020 and in the Commission Communication of 19 January 2021: “The European economic and financial system: fostering openness, strength and resilience”.
Member States are responsible for the implementation and enforcement of EU sanctions, as well as identifying breaches and imposing penalties. The Commission monitors the correct and uniform implementation of EU sanctions and provides guidance to Member States.
The contact details of the relevant competent authorities of the Member States can be found in the document below.