The enforcement of EU sanctions is a member state responsibility and varies from one member state to another. Indeed, in some member states, infringement of the EU sanctions is a criminal offence punishable by prison sentences of between 2 and 12 years maximum, while in others states, only administrative sanctions can apply.

On December 2, 2022 the Commission submitted a proposal for a directive on the definition of criminal offences and penalties for the violation of EU restrictive measures.

The aim of this directive proposal is to align penalties for breaches of EU sanctions, in order to tighten the enforcement of the EU sanctions and to limit their circumvention.

On June 9, the Council adopted its negotiating position (general approach) on this proposal for a directive.

The draft law defines the conduct Member States will have to consider as criminal offences, which include (i) assisting persons subject to EU sanctions to circumvent an EU travel ban, (ii) trading sanctioned goods, or (iii) running transactions with states or entities subject to EU restrictive measures.

In addition, Member States are expected to update their legislation so that aggravating circumstances can be taken into account when determining the penalty (i.e. offence committed by a public official).

Member States will also have to provide for a limitation period that allows for proper law enforcement, take measures to freeze and confiscate the proceeds of the violation of restrictive measures, and guarantee cooperation between its various law enforcement and judicial authorities at national and European level.

The Council's general approach will be the basis for negotiations with the European Parliament to reach a common position on the draft directive.