Council Decision (EU) 2022/2332 on identifying the violation of Union restrictive measures as an area of crime that meets the criteria specified in Article 83(1) TEU

Summary:

Decision (EU) 2022/2332 - adopted by the Council of the European Union on 28 November 2022 - introducing the violation of regimes of restrictive measures to the areas of crime laid down in Article 83(1) of the Treaty on the Functioning of the European Union (TFEU).

Further information:

Restrictive measures are seen as an essential tool for the promotion of the objectives of the Common Foreign and Security Policy (CFSP), as set out in Article 21 TEU. For the sake of preserving core values, the EU may impose restrictive measures against third countries, entities or individuals. These include targeted individual measures, as well as sectoral measures. Some of the regimes of measures implement measures by the United Nations (UN) Security Council and in some cases impose additional restrictions; others are adopted autonomously by the EU. In addition to country-specific situations, the EU has also adopted horizontal regimes.

Sanctions are binding on EU Member States and on any person or entity under the jurisdiction of the Member States. Inconsistent enforcement of restrictive measure is seen as undermining their efficacy and the EU's ability to speak with one voice. The implementation and enforcement is primarily the responsibility of Member States. Article 215 TFEU provides a legal basis for the Council of the European Union to adopt measures in the case of an adoption of EU sanctions However, this does not allow for the approximation of criminal law definitions and the types and levels of criminal penalties.

This Decision establishes that violation of EU restrictive measures is to be added o the areas of crime laid down in Article 83(1) TFEU. The adoption of this Decision allows for the adoption of a draft Directive on criminal sanctions, as explored in a Communication published alongside the draft law to this Decision, which was adopted by the European Commission on 25 May 2022. The plenary of the European Parliament approved its consent on 7 July. The draft Decision was adopted by the Council of the European Union on 28 November, and published in the Official Journal on the following day.

• Primary Source

News

Politico, 25/05/2022: Brussels to make skirting sanctions an EU-wide crime https://www.politico.eu/article/brussels-to-make-skirting-sanctions-an-eu-wide-crime/

Reuters, 25/05/2022: EU to make breaking sanctions against Russia a crime, seizing assets easier https://www.reuters.com/world/europe/eu-make-breaking-sanctions-against-russia-crime-seizing-assets-easier-2022-05-25/

The Sofia Globe, 28/11/2022: EU adds violation of sanctions to list of EU crimes https://sofiaglobe.com/2022/11/28/eu-adds-violation-of-sanctions-to-list-of-eu-crimes/

Euronews, 28/11/2022: Circumventing sanctions to become an 'EU crime' https://www.euronews.com/my-europe/2022/11/28/circumventing-sanctions-to-become-an-eu-crime

EurActiv, 30/11/2022: EU proposes options to seize frozen Russian assets, but legal concerns remain https://www.euractiv.com/section/global-europe/news/eu-proposes-options-to-seize-frozen-russian-assets-but-legal-concerns-remain/

Euronews, 30/11/2022: 'Make Russia pay': EU moves ahead with confiscation of frozen assets, despite legal pitfalls https://www.euronews.com/my-europe/2022/11/30/make-russia-pay-eu-moves-ahead-with-confiscation-of-frozen-assets-despite-legal-pitfalls

EUObserver, 30/11/2022: EU: Russian assets to be returned in case of peace treaty https://euobserver.com/ukraine/156496

Le Monde, 30/11/2022: EU27 agree to more effective punishment of violations of sanctions against Russia https://www.lemonde.fr/en/international/article/2022/11/30/the-eu27-agree-on-more-severe-punishment-for-violating-sanctions-against-russia_6006124_4.html

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Official

EUR-LEX: COM(2022)247: Proposal for a Council Decision on adding the violation of Union restrictive measures to the areas of crime laid down in Article 83(1) of the Treaty on the Functioning of the European Union https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2022:247:FIN

European Parliament: Legislative Observatory: Procedure File for Proposal on Identification of the violation of Union restrictive measures as crimes under Article 83(1) of the TFEU (2022/0176(NLE)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2022/0176(NLE)

European Parliament: Legislative Train Schedule: Proposal for a Council Decision on adding the violation of Union restrictive measures to the areas of crime laid down in Article 83(1) of the Treaty on the Functioning of the European Union https://www.europarl.europa.eu/legislative-train/theme-promoting-our-european-way-of-life/file-adding-the-violation-of-union-restrictive-measures-to-the-list-of-eurocrimes

European Commission: Press Release, 25/05/2022: Ukraine: The Commission proposes rules on freezing and confiscating assets of oligarchs violating restrictive measures and of criminals https://ec.europa.eu/commission/presscorner/detail/en/ip_22_3264

European Commission: Questions and Answers: The Commission proposes rules on freezing and confiscating assets of oligarchs violating restrictive measures and of criminals (25 May 2022) https://ec.europa.eu/commission/presscorner/detail/en/qanda_22_3265

Council of the European Union: Press Release, 30/06/2022: Sanctions: Council requests European Parliament consent to add the violation of restrictive measures to the list of EU crimes https://www.consilium.europa.eu/en/press/press-releases/2022/06/30/sanctions-council-requests-european-parliament-consent-to-add-the-violation-of-sanctions-to-the-list-of-eu-crimes/

Renew Europe EP Group: News, 06/07/2022: No more dodging of EU sanctions for Russian oligarchs https://www.reneweuropegroup.eu/news/2022-07-06/no-more-dodging-of-eu-sanctions-for-russian-oligarchs

Council of the European Union: Press Release, 28/11/2022: Sanctions: Council adds the violation of restrictive measures to the list of EU crimes https://www.consilium.europa.eu/en/press/press-releases/2022/11/28/sanctions-council-adds-the-violation-of-restrictive-measures-to-the-list-of-eu-crimes/

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