EU sanctions offences from now on EU crimes

Background

Pursuant to Article 83(1) TFEU, the European Parliament and the Council may, by means of directives adopted in accordance with the ordinary legislative procedure, establish minimum rules concerning the definition of criminal offences and punishments in the areas of particularly serious crime with a cross-border dimension resulting from the nature or impact of such offences or from a special need to combat them on a common basis. Examples of particularly serious crimes – also known as ‘EU crimes’ – are terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime. However, the list of EU crimes is not static. The Council can determine by decision which other forms of crime qualify as an EU crime. Based on the developments in crime, the Council may adopt a decision identifying other areas of crime.

In that context, on 25 May 2022 the European Commission presented a proposal for a decision to extend the list of ‘particularly serious crimes’ to include the violation of EU sanctions. This was prompted by the Russian attack on Ukraine and the consequent sanctions imposed on Russia. Although a full implementation of these sanctions is essential according to the EU, this is lacking. Member states not only have different definitions of what constitutes a violation of EU sanctions, but also different provisions regarding the criminalisation and punishment of this violation.

 

The Council Decision

The above-mentioned proposal by the European Commission was welcomed by the Council. On 28 November 2022, the Council therefore adopted Decision (EU) 2022/2332 in which they stated that the violation of EU sanctions is a particularly serious area of crime, which, in terms of gravity, is of a similar degree of seriousness to the areas of crime listed in Article 83(1) TFEU, since it can perpetuate threats to international peace and security, undermine the consolidation of and support for democracy, the rule of law and human rights and result in significant economic, social, societal and environmental damage. Because of such violations, individuals and entities whose assets are frozen or whose activities are restricted continue to be able to access their assets and support regimes that are targeted by the EU sanctions or continue to access State funds that were misappropriated. Similarly, the money generated by the exploitation of goods and natural resources traded in violation of EU sanctions can allow the regimes targeted by those sanctions to purchase arms and weapons, with which they commit their crimes. Furthermore, the violation of EU sanctions relating to trade could contribute to the illegal exploitation of natural resources in the jurisdiction targeted by those sanctions. And that is undesirable.

 

Future perspective

Because of the reasons mentioned above, the aim is to ensure that EU sanctions are enforced uniformly across the EU and that attempts to circumvent or violate the EU sanctions are discouraged. Adding the violation of EU sanctions to the list of EU crimes by the Council is a first step towards achieving this. Now it is up to the European Commission to submit a proposal for a Directive setting minimum rules on the definition of criminal offences and punishments for the violation of EU sanctions. After that, it is up to the European Parliament and the Council jointly to adopt this Directive.