The European Commission has filed a case against 18 of the 27 member states The EU for non-compliance with the directive providing for punishment for circumvention of EU sanctions.
On the eve of the European Commission initiated proceedings in the case of violation of 18 member states The EU in connection with the failure to comply with the directive criminalizing the circumvention of EU sanctions. This directive, proposed by the European Commission in December 2022, is aimed at "harmonizing the provisions" of criminal legislation on the violation of sanctions in the European Union. It provides that persons who violate EU sanctions will be subject to a minimum prison sentence of five years. Companies that violate these rules may be fined at least 5% of their annual turnover for the previous year.
Among these countries there are both Western European (Germany, Belgium, Spain, Ireland) and Eastern European (Bulgaria, Czech Republic, Poland, Greece). The relevant countries now have two months to respond to Brussels and take the necessary measures. If the answer is found unsatisfactory, the European Commission may issue a reasoned opinion and refer the case to the EU Court.
The Directive criminalizes, among other things, assistance in circumventing travel bans, trade in sanctioned goods and participation in prohibited financial activities. Prior to the entry into force of the new rules, Member States could only apply administrative sanctions for violating sanctions.
"The inclusion of violations of restrictive measures in the list of "EU crimes" is the first step towards ensuring uniform application of sanctions and limiting opportunities for circumvention throughout the European Community," EUROMI comments.