Debate: Definition of criminal offences and penalties for the violation of Union restrictive measures
Date: MONDAY, 11 MARCH 2024
Speaker: Didier Reynders
Language: FR

La présente directive constitue une avancée cruciale pour assurer une mise en œuvre efficace des mesures restrictives de l’Union. Il s’agit notamment d’un enjeu essentiel en ce qui concerne les sanctions prises à l’encontre de la Russie et de la Biélorussie à la suite de l’agression russe contre l’Ukraine. Cette directive représente une véritable valeur ajoutée dans la mise en œuvre des mesures restrictives en ce qu’elle établit une harmonisation pénale au niveau de l’Union, et je vous remercie d’avoir fait progresser cette proposition que la Commission avait mise sur la table.  – Mr President, the directive includes a comprehensive list of crimes linked to violations of EU restrictive measures, including any attempts at their circumvention. For example, a failure to freeze assets belonging to a designated person or concealing transfer of funds through a third party that should be frozen will have to be treated as criminal offences in all EU Member States. The directive also safeguards humanitarian work from criminalisation, granting legal certainty to aid providers. Moreover, the directive sets common types and levels of penalties, specifying minimum maximum levels of imprisonment for natural persons and criminal or non-criminal fines for legal persons, thus enhancing their deterrent effect. Let me also recall the important link between this directive and the revised Directive on asset recovery and confiscation. Collectively, they will establish a more efficient system of freezing and confiscation within the European Union, ensuring that breaches of EU restrictive measures are not profitable. Thanks to these new rules, enforcement will be significantly strengthened. Stronger coordination and cooperation will be ensured between the competent authorities at national level and between Member States to tackle cross-border violations. Each Member State will be required to designate a dedicated unit or body to ensure coordination and cooperation between law enforcement authorities and authorities in charge of implementing EU restrictive measures. The Member States, along with Eurojust, Europol, the European Public Prosecutor’s Office and the Commission, will cooperate in the fight against the violation of EU restrictive measures within their respective competences to strengthen cross-border and international cooperation. In conclusion, the directive will allow for more uniform application of EU sanctions and more effective prosecution of offenders across Member States. This is a major step in combatting the violation of EU restrictive measures. It shows once more than the European Union is determined to take decisive action against those who try to circumvent them. It is very important to make progress in such a way. I’m sure that, of course, it’s an important decision to take some sanctions, like the 13th package that we have decided to put into place. But it’s maybe more important to be sure that we have the capacity to enforce those sanctions and to fight against all the different attempts to circumvent the sanctions. So I will now be listening with interest to your interventions and, of course, we will continue to work together with the Member States for the transposition as far as possible and as soon as possible of the directive.