Fri. Sep 13th, 2024
Brussels, 29 November 2022
See question(s) : E-003336/2022
EN
E-003336/2022
Answer given by High Representative/Vice-President Borrell i Fontelles on behalf of the European Commission (29.11.2022)
EU restrictive measures (sanctions) apply within the territory of the EU or on board any aircraft or any vessel under the jurisdiction of a Member State as well as to nationals of a Member State and any legal person, entity or body incorporated or constituted under the law of a Member State or in respect of any business carried out in the EU, wherever they are acting1. Member States must put in place effective, proportionate, and dissuasive penalties, applicable to the infringements of EU restrictive measures2. Therefore, if actors bound by EU sanctions breach those measures, they are subject to penalties in the concerned Member State as prescribed in the national law. A new listing criterion introduced with the 8th sanctions package allows imposing an asset freeze, prohibition to make funds available and a travel ban on actors who facilitate the circumvention of EU restrictive measures3. The Commission is not in possession of any evidence of actual circumvention of sanctions with the support of actors based in
Türkiye.
The EU-Turkey Customs Union as created by the Ankara Agreement4 of 1963 and Decision 1/95 of the EU-Turkey Association Council5 does not provide for such an automatic mechanism. As regards the modernisation of the EU-Turkey Customs Union, it continues to be addressed by the statement of the members of the European Council of 25 March 20216 and be guided by the European Council Conclusions of 24 and 25 June 20217, but work is on hold for several reasons, including those mentioned in the question.


1 Article 13 of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine, Article 17 of Council Regulation (EU) No269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.
2 Article 8(1) of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine, Article 15(1) of Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.
3 Articles 1(1)(f) and 2(1)(h) of Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.
4 https://eur-lex.europa.eu/resource.html?uri=cellar:f8e2f9f4-75c8-4f62-ae3fb86ca5842eee.0008.02/DOC_2&format=PDF
5 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:21996D0213(01)&rid=2
6 https://www.consilium.europa.eu/media/48976/250321-vtc-euco-statement-en.pdf
7 https://www.consilium.europa.eu/media/50763/2425-06-21-euco-conclusions-en.pdf
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