25.5.2023
EN
Official Journal of the European Union
C 184/59
Opinion of the European Economic and Social Committee on the ‘Communication from the Commission to the European Parliament and the Council, towards a Directive on criminal penalties for the violation of the Union restrictive measures’ (COM(2022) 249 final) on the ‘Proposal for a Council decision on adding the violation of Union restrictive measures to the areas of crime laid down in Article 83(1) of the treaty on the Functioning of the European Union’ (COM(2022) 247 final) and on the ‘Proposal for a Directive of the European Parliament and of the Council on the definition of criminal offences and penalties for the violation of Union restrictive measures’ (COM(2022) 684 final) (2023/C 184/11)
Rapporteur: José Antonio MORENO DÍAZ
Referral
European Commission, 26.7.2022
Legal basis
Article 304 of the Treaty on the Functioning of the European Union
Section responsible
Employment, Social Affairs and Citizenship
Adopted in section
8.3.2023
Adopted at plenary
22.3.2023
Plenary session No
577
Outcome of vote (for/against/abstentions)
141/1/2
1.
Conclusions and recommendations 1.1.
The EESC welcomes the decision to include sanctions violation among the list of crimes under Article 83(1) TFEU, and the proposal of the Directive to approximate definitions and minimal penalties in national legislation for sanctions breaches.
1.2.
However, the EESC regrets that the abovementioned decision was not subject to full democratic deliberation in the European Parliament's Committee on Civil Liberties, Justice and Home Affairs due to the activation of the urgency procedure.
Similarly, the EESC remains concerned that the proposal for a Directive tabled by the Commission has not been preceded by an impact assessment.
Moreover, the EESC regrets that the Commission's proposal for a Directive on the definition of criminal offences and penalties for the violation of sanctions does not mention the European Economic and Social Committee among the stakeholders consulted.
1.3.
In the development of the Directive, the EESC encourages the European Commission, the European Parliament and the Council of the European Union to expand the humanitarian carve out, exempting humanitarian agencies and personnel from criminal liability, bringing this provision in tune with current international practice, while ensuring that appropriate mechanisms are provided for to prevent abuse for criminal or political purposes.
1.4.
The EESC supports the inclusion of appropriate guarantees and protection for whistleblowers and journalists who publicise attempts to evade sanctions, to which the abovementioned carve-out should extend.
1.5.
The EESC urges the European Commission, the European Parliament and the Council of the European Union to ensure that the private sector and civil society organisations are provided adequate information and proactive support in adjusting to the new legislation and in complying with new requirements.