General framework for EU sanctions

SUMMARY OF:

Article 29 of the Treaty on European Union

Article 215 of the Treaty on the Functioning of the European Union

WHAT IS THE AIM OF ARTICLE 29 OF THE TREATY ON EUROPEAN UNION (TEU) AND OF ARTICLE 215 OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION (TFEU)?

Article 29 TEU allows the Council of the European Union to adopt restrictive measures (sanctions) against governments of countries that are not part of the European Union (EU), non-state entities (for example, companies) and individuals (such as terrorists) to bring about a change in their policy or activity.
Under Article 215 TFEU, the Council may adopt the necessary measures to implement decisions adopted under Article 29 TEU to ensure they are applied uniformly in all EU Member States.

KEY POINTS

The EU adopts sanctions, either as its own measures (i.e. autonomous sanctions) and/or as a way to implement United Nations Security Council resolutions, in cases where non-EU countries, natural or legal persons, groups or non-state entities:
- do not respect international law or human rights;
- pursue policies or actions that do not abide by the rule of law or democratic principles.
Such sanctions are preventive and non-punitive instruments designed to allow the EU to respond swiftly to political challenges and developments, in line with the principles of its common foreign and security policy.
EU sanctions should be seen in the context of a wider political dialogue. Restrictive measures must be designed to minimise the consequences for the civilian population. In this regard, the EU considers it appropriate to address the specific situation through imposing targeted and differentiated sanctions to a country or part of it, members of government, individuals, groups or entities.

Gradual sanctions

A range of gradual sanctions may be imposed by the EU against non-EU countries, including the following.

Diplomatic sanctions:
- expelling diplomats, suspending official visits;
- suspending bilateral or multilateral cooperation with the EU; and
- boycotting sporting or cultural events.
Economic and financial sanctions:
- arms embargoes on military goods included in the EU’s common military list;
- restrictions on importing and exporting goods with both civilian and military uses (dual use goods).

Restrictive measures can include:

freezing funds and economic resources owned or controlled by targeted individuals or organisations (such as cash, bank deposits, stocks, shares, etc.) which may not be accessed, moved or sold, and real estate which may not be sold or rented;
a visa or travel ban preventing individuals from entering the EU;
sectoral measure prohibitions, for example on importing or exporting certain goods or technologies.

In certain cases, exceptions from the asset freeze may be granted to allow the export of products to meet basic needs (such as food or medicines).

Member States may also grant exemptions to travel bans (for example, to allow a sanctioned member of a non-EU country’s government to participate in a United Nations conference held in their territory).

Impact and effects

Sanctions are designed to have political and economic effects. They apply to:

any person inside or outside the EU’s territory, whether they are an EU- or a non-EU-national;
companies and organisations incorporated under the law of a Member State (including branches of EU companies in non-EU countries);
governments, organisations and non-state entities of non-EU countries;
any business done in part of or in the whole of the EU.

Introduction of regimes of restrictive measures

2018 and 2019 saw the introduction of three regimes of restrictive measures:

addressing the use and proliferation of chemical weapons, with the adoption of Decision (CFSP) 2018/1544 and Regulation (EU) 2018/1542;
targeting those responsible for cyberattacks, with the adoption of Decision (CFSP) 2019/797 and Regulation (EU) 2019/796;
targeting those responsible for unauthorised drilling activities in the eastern Mediterranean, with the adoption of Decision (CFSP) 2019/1894 and Regulation (EU) 2019/1890.

Violation of restrictive measures added to the list of EU crimes

In November 2022, the Council adopted Decision (EU) 2022/2332, which identifies the violation of EU restrictive measures as a crime that meets the criteria specified in Article 83(1) TFEU.

BACKGROUND

In 2004, the EU’s Political and Security Committee agreed upon some basic principles on the use of restrictive measures, which are now contained in a set of guidelines, most recently updated in 2018.
In 2018, the Council adopted an updated paper on EU best practices for the effective implementation of restrictive measures.
For further information, see:
- How and when the EU adopts sanctions (Council of the European Union).

MAIN DOCUMENTS

Consolidated version of the Treaty on European Union – Title V – General provisions on the Union’s external action and specific provisions on the common foreign and security policy – Chapter 2 – Specific provisions on the common foreign and security policy – Section 1 – Common provisions – Article 29 (ex Article 15 TEU) (OJ C 202, 7.6.2016, p. 33).

Consolidated version of the Treaty on the Functioning of the European Union – Part 5 – The Union’s external action – Title IV – Restrictive measures – Article 215 (ex Article 301 TEC) (OJ C 202, 7.6.2016, p. 144).