Restrictive Measures of the European Union
The restrictive measures are an instrument that aims to bring about change and/or restrict activities or policies, such as violation of international law, human rights or policies that do not respect the rule of law and democratic principles. The restrictive measures are a preventive and non-punitive instrument within the framework of foreign policy and act as a timely response to negative political changes and developments, while sending a strong political message.
Measures such as arms embargoes, restrictions on imports and exports, financial restrictions (freezing of assets, ban on operations in cash and economic resources) as well as restrictions on access (visa bans or travel bans for specific persons, as well as their transit through the territory of a given country) are some of the most commonly used restrictive measures for achieving foreign policy objectives.
- Restrictive Measures of the European Union
The restrictive measures are an important instrument of the Common Foreign and Security Policy of the European Union. The EU uses them as part of an integrated and comprehensive policy approach involving political dialogue, further efforts and use of other instruments at the Union’s disposal.
The main objectives for the adoption of restrictive measures are to:
- ensure the values, the fundamental interests and the security of the EU;
- preserve peace;
- consolidate and uphold democracy, the rule of law, human rights and the principles of international law;
- prevent conflicts and strengthen international security.
The restrictive measures are intended to trigger a change in the policy or in the behaviour of the persons they are targeted at with a view to promoting the objectives of the Common Foreign and Security Policy of the European Union.
They may be aimed at:
- governments of non-EU countries because of their policies;
- entities (companies) that provide the funds for the implementation of the policies in question;
- groups or organisations, such as terrorist groups;
- individuals who support relevant policies, participate in terrorist activities, etc.
The objective of any restrictive measure should be clearly stated and consistent with the overall Union strategy in the area concerned.
The Republic of Bulgaria, as a Member State of the European Union, is obliged to apply the restrictive measures adopted by the Council of the European Union through decisions (under Article 29 of the Treaty on European Union) and regulations (under Article 215 of the Treaty on the Functioning of the European Union) in the framework of the Common Foreign and Security Policy of the European Union.
The restrictive measures of the EU, which the Union incorporates into the European legal order through decisions and regulations, are binding in their entirety on the EU Member States and their citizens and their application covers:
- the territory of the European Union, including territories where the acquis applies;
- state and municipal government bodies of the EU Member States;
- aircraft and vessels of the EU Member States;
- citizens of the EU Member States;
- companies and other legal persons, entities and organisations established or constituted in accordance with the laws of the EU Member States and operating in the territory of the EU, as well as where European legislation applies;
- business and professional activities carried out in whole or in part within the EU.
It is a duty and responsibility of all state and municipal authorities of the Republic of Bulgaria, as well as of the companies and individuals concerned to be informed and to implement the decisions and the regulations of the Council of the EU concerning the restrictive measures.
- Legal Framework of the EU Restrictive Measures
- European Legal Framework
The legal basis for the restrictive measures of the EU is Article 29 of the Treaty on the European Union and Article 215 of the Treaty on the Functioning of the European Union.
Article 29 of the Treaty on the European Union (TEU) provides that the Council may adopt decisions defining the Union’s approach to a specific issue of a geographical or thematic nature, including restrictive measures.
Article 215 of the Treaty on the Functioning of the European Union provides for the possibility for the Council to adopt restrictive measures against natural or legal persons, non-State groups or entities, or to adopt measures providing for the interruption or restriction, in whole or in part, of economic and financial relations with one or more third countries, on the basis of a decision under Article 29 of the TEU.
The restrictive measures of the EU are implemented by:
- Regulations of the Council of the European Union;
- Decisions of the Council of the European Union.
The current EU legal acts (decisions and regulations) imposing EU restrictive measures against third countries, entities and persons can be found on EUR-Lex – a website for access to EU law. The EUR-Lex platform also provides access to EU legal acts in Bulgarian.
- National Legal Framework
- Constitution of the Republic of Bulgaria;
- Law on monitoring the implementation of restrictive measures in view of Russia’s actions destabilising the situation in Ukraine;
- Council of Ministers’ Decision No 789 of 2022 setting up a Coordination Group on the Implementation of European Union Restrictive Measures.
III. Information about the EU Restrictive Measures
- E-map of EU Restrictive Measures
Up-to-date information about the EU restrictive measures can be found in the EU Sanctions E-map.
https://www.sanctionsmap.eu/#/main
The map includes all types of restrictive measures and contains direct links to the current legal acts and implementing guidelines, as well as provides a comprehensive search mechanism and detailed explanations of the restrictive measures in force.
- Consolidated List of Financial Sanctions
- TARIC database
The TARIC database is a multilingual database of the European Commission for all restrictive measures related to EU customs tariffs, trade and agricultural legislation.
The database can be consulted on the restrictions applied to imports and exports of various goods. The search is made either by the tariff code of the goods or by their description. The database is updated daily by the European Commission’s Directorate-General for Taxation and Customs Union.
Consultation module for Bulgaria:
https://ecustoms.bg/tariccm/tariccm/main_BG
- Guidelines on the implementation and evaluation of the restrictive measures (sanctions) in the framework of the EU’s Common Foreign and Security Policy
https://data.consilium.europa.eu/doc/document/ST-5664-2018-INIT/bg/pdf
- EU best practices for effective implementation of the restrictive measures
https://data.consilium.europa.eu/doc/document/ST-10572-2022-INIT/bg/pdf
- Information about the EU sanction policy (in English)
https://www.consilium.europa.eu/en/policies/sanctions/
- Frequently Asked Questions about EU restrictive measures
- European Commission Whistleblower Tool
Sharing information about any breaches of EU restrictive measures can increase their effectiveness. The European Commission’s whistleblower tool can be used by citizens to report past, ongoing or planned violations of the restrictive measures, as well as to try to circumvent the restrictive measures.
More information about the Whistleblower tool can be found on the European Commission’s website.
Further information about EU restrictive measures can be found on the websites of the European Commission and of the Council of the European Union.
III. Coordination Group on the Implementation of EU Restrictive Measures
- Composition of the Coordination Group and National Coordinator
The Coordination Group on the Implementation of EU Restrictive Measures was established by Council of Ministers’ Decision No 789 of 20 October 2022 (CMD No 789/2022).
The members of the Coordination Group on the Implementation of EU Restrictive Measures were designated by Order No P-62 of 27 March 2023 of the Prime Minister. The Order designates the chair, the deputy chairs and the members of the Coordination Group on the Implementation of EU Restrictive Measures.
The chair of the Coordination Group is the national coordinator for the implementation of EU restrictive measures.
The national coordinator is the Deputy Minister of Finance.
- Functions of the Coordination Group on the Implementation of EU Restrictive Measures
The functions of the Coordination Group on the implementation of EU restrictive measures are defined in point 5 of CMD No 789/2022, namely:
- Addressing issues related to the establishment of the country’s scope, content, action and position with regard to the restrictive measures;
- Discussing issues related to the identification of competent national institutions with regard to the implementation of the restrictive measures and the derogations thereto;
- Discussing and resolving coordination issues which fall within the competence of more than one institution.
- Rules on the Work of the Coordination Group on the Implementation of EU Restrictive Measures (to be adopted)