Restrictive measures against serious human rights violations and abuses

SUMMARY OF:

Decision (CFSP) 2020/1999 concerning restrictive measures against serious human rights violations and abuses

Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses

WHAT IS THE AIM OF THE DECISION AND THE REGULATION?

They establish a global European Union (EU) sanctions regime for serious human rights violations and abuses.
Regulation (EU) 2020/1998 applied automatically and uniformly to all of the EU Member States as soon as it entered into force, without needing to be transposed into national law. It has been amended by Implementing Regulations (EU) 2021/371 of 2 March 2021 and (EU) 2021/478 of 22 March 2021.
Decision (CFSP) 2022/2376 amends Decision (CFSP) 2020/1999, updating its annex and extending the measures set out in that decision until 8 December 2023.

KEY POINTS

The EU global human rights sanctions regime (EUGHRSR) provides a legal base for the EU to target individuals, companies and bodies – including those who are associated with national governments and those who are not – that are responsible for, involved in or associated with serious human rights violations and abuses worldwide, no matter where they occur.

Scope

The EUGHRSR covers a number of human rights abuses including:

genocide;
crimes against humanity;
torture and other cruel, inhuman or degrading treatment or punishment;
slavery;
extrajudicial, summary or arbitrary executions and killings;
the enforced disappearance of persons and arbitrary arrests or detentions.

The sanctions regime also covers acts which are widespread, systematic or of serious concern in relation to the goals of the common foreign and security policy (CFSP), as set out in Article 21 of the Treaty on European Union. These include:

trafficking in human beings;
abuses of human rights by migrant smugglers;
sexual violence and gender-based violence;
violations or abuses of the freedoms:
- of peaceful assembly and of association,
- of opinion and expression,
- of religion or belief.

Sanctions and exceptions

Restrictive measures will include a travel ban for individuals and the freezing of funds for both individuals and entities. In addition, individuals and entities in the EU will be forbidden from making funds available to those who are listed, either directly or indirectly.

Member States may grant exceptions from the measures for travel due to:

urgent humanitarian need;
attendance at intergovernmental meetings or meetings promoted or hosted by the EU;
participation in a judicial process.

Amending the list

The High Representative of the Union for Foreign Affairs and Security Policy and the Member States can propose amendments to the list.

Amendments are decided upon by the Council of the European Union and are announced publicly.

Alignment of certain non-EU countries with EU restrictive measures

The candidate countries Montenegro, North Macedonia, Albania and Ukraine, and the European Free Trade Association countries Iceland, Liechtenstein and Norway (which are also members of the European Economic Area), have aligned with this decision. They will ensure that their national policies conform to this decision.

FROM WHEN DO THE DECISION AND REGULATION APPLY?

They have applied since 8 December 2020.

BACKGROUND

The EUGHRSR was part of the commitments to tackle serious human rights violations and abuses set out in the 2020–2024 EU action plan on human rights and democracy.

For further information, see:

The EU has a new powerful tool to protect human rights: the EU global human rights sanctions regime (EU External Service).

MAIN DOCUMENTS

Council Decision (CFSP) 2020/1999 of 7 December 2020 concerning restrictive measures against serious human rights violations and abuses (OJ L 410 I, 7.12.2020, pp. 13–19).

Successive amendments to Decision (CFSP) 2020/1999 have been incorporated into the original text. This consolidated version is of documentary value only.

Council Regulation (EU) 2020/1998 of 7 December 2020 concerning restrictive measures against serious human rights violations and abuses (OJ L 410I, 7.12.2020, pp. 1–12).

See consolidated version.