Restrictive measures against serious human rights violations and abuses

SUMMARY OF:

Decision (CFSP) 2020/1999 concerning restrictive measures against serious human rights violations and abuses

Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses

WHAT IS THE AIM OF THE DECISION AND THE REGULATION?

The decision and the regulation establish a global European Union (EU) sanctions regime for serious human rights violations and abuses.
Regulation (EU) 2020/1998 applied automatically and uniformly to all of the EU Member States as soon as it entered into force, without needing to be transposed into national law. It has been amended several times, most recently, in May 2024, by Regulation (EU) 2024/1034.
To ensure consistency across the EU’s sanctions system, together with measures adopted by the United Nations Security Council (UNSC), Council Decision (CFSP) 2024/1025 amends Decision (CFSP) 2020/1999.

KEY POINTS

The EU global human rights sanctions regime (EUGHRSR) provides a legal basis for the EU to target individuals, companies and bodies – including those who are associated with national governments and those who are not – that are responsible for, involved in or associated with serious human rights violations and abuses worldwide, no matter where they occur.

Scope

The EUGHRSR covers a number of human rights abuses, including:

genocide;
crimes against humanity;
torture and other cruel, inhuman or degrading treatment or punishment;
slavery;
extrajudicial, summary or arbitrary executions and killings;
the enforced disappearance of persons and arbitrary arrests or detentions.

The sanctions regime also covers acts that are widespread, systematic or of serious concern in relation to the goals of the common foreign and security policy (CFSP), as set out in Article 21 of the Treaty on European Union. These include:

trafficking in human beings;
abuses of human rights by migrant smugglers;
sexual violence and gender-based violence;
violations or abuses of the freedoms:
- of peaceful assembly and of association,
- of opinion and expression,
- of religion or belief.

Sanctions and exceptions

Restrictive measures will include a travel ban for individuals and the freezing of funds for both individuals and entities. In addition, individuals and entities in the EU will be forbidden from making funds available to those who are listed, either directly or indirectly.

Member States may grant exceptions from the measures for travel due to:

urgent humanitarian need;
attendance at intergovernmental meetings or meetings promoted or hosted by the EU;
participation in a judicial process.

Reflecting the spirit of United Nations Security Council Resolution 2664 (2022) and designed to ensure the timely delivery of humanitarian assistance or other activities that support basic human needs, amending Council Decision (CFSP) 2024/1025 introduces an exemption from asset-freeze measures applicable to, and from the restrictions on making funds and economic resources available to, natural or legal persons, entities or bodies designated under Decision (CFSP) 2020/1999. This exemption relates to activities carried out by organisations such as:

the UN, its agencies and programmes;
international organisations;
humanitarian organisations with UN General Assembly observer status;
organisations and agencies to which the EU has granted the humanitarian partnership certificate or that are certified or recognised by a Member State in accordance with national procedures;
Member States’ specialised agencies.

Member States’ competent authorities may authorise the release of certain frozen funds or economic resources, once they have determined that providing these funds or economic resources is necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs.

Amending the list

The High Representative of the Union for Foreign Affairs and Security Policy and the Member States can propose amendments to the list.

Amendments are decided upon by the Council of the European Union and are announced publicly.

Alignment of certain non-EU countries with EU restrictive measures

The candidate countries Albania, Georgia, Moldova, Montenegro, North Macedonia and Ukraine, and the European Free Trade Association countries Iceland, Liechtenstein and Norway (which are also members of the European Economic Area), have aligned with this decision. They will ensure that their national policies conform to this decision.

FROM WHEN DO THE DECISION AND REGULATION APPLY?

They have applied since 8 December 2020.

Amending Decision (CFSP) 2023/2721 extended the measures set out in Decision (CFSP) 2020/1999 until 8 December 2024.

BACKGROUND

The EUGHRSR was part of the commitment to tackle serious human rights violations and abuses set out in the 2020–2024 EU action plan on human rights and democracy.

For further information, see:

The EU has a new powerful tool to protect human rights: the EU global human rights sanctions regime (European External Action Service).

MAIN DOCUMENTS

Council Decision (CFSP) 2020/1999 of 7 December 2020 concerning restrictive measures against serious human rights violations and abuses (OJ L 410 I, 7.12.2020, pp. 13–19).

Successive amendments to Decision (CFSP) 2020/1999 have been incorporated into the original text. This consolidated version is of documentary value only.

Council Regulation (EU) 2020/1998 of 7 December 2020 concerning restrictive measures against serious human rights violations and abuses (OJ L 410I, 7.12.2020, pp. 1–12).

See consolidated version.

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