The interinstitutional negotiations (trilogue) on the Directive defining the criminal offences and penalties applicable to breaches of the Union’s restrictive measures were initiated on Wednesday 12 July by representatives of the European Parliament, the EU Council and the Commission.
As is customary at a first trilogue meeting, the parties presented their positions on this proposal, which was presented in the context of Russia’s war of aggression against Ukraine last December (see EUROPE 13072/24). This proposal introduces a common definition of offences and minimum penalties to ensure that they are punished as criminal offences throughout the EU.
On 9 June (see EUROPE 13198/4), the EU Council adopted its negotiating position with Parliament, limiting the scope of the text to serious offences and excluding acts committed through gross negligence. With regard to the maximum level of fines for legal entities, Member States would like to be able to choose between a percentage of total worldwide turnover or a fine defined in absolute amounts. Furthermore, while the initial transposition deadline was set at six months, the EU Council has extended it to 12 months.
For their part, the MEPs adopted their negotiating mandate on 6 July. The text submitted by Sophie in ’t Veld (Renew Europe, Dutch) proposes extending the list of activities considered as circumvention.
In addition, MEPs set the maximum fine at 15% of global annual turnover and added new aggravating circumstances such as war crimes and obstructing investigations, which will result in heavier penalties. They also excluded humanitarian aid and support from the draft Directive.
Following these initial exchanges, Ms in ’t Veld declared on Twitter her firm intention to “work fast” for a “strong law that scares off the crooks doing illegal business with Russia”. (Original version in French by Nithya Paquiry)