Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-12-15-Speech-2-222"
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"Mr President, what we refer to as restrictive measures are very important and something that I know many Members have opinions on. They are perhaps a little difficult for anyone listening to this debate to understand. Let me start by explaining how the Council uses these measures. Then I will talk about the Treaty of Lisbon.
Restrictive measures against third countries, individuals, natural or legal persons or other entities are an important tool for the EU in its foreign and security policy. In general, you could say that they are used to bring about a change in a particular policy or activity. They should, of course, be used as part of an integrated, comprehensive policy that may include political dialogue, various forms of incentive and conditions that need to be met. Restrictive measures alone are not always sufficient to bring about a change, but they can be a way of exerting pressure on repressive regimes or stopping the flow of money and other resources that support such regimes or terrorist networks.
In some cases, restrictive measures are introduced by the Council when we implement resolutions that have been adopted by the UN Security Council in accordance with Chapter VII of the UN Charter. In such cases, the EU’s various legal instruments must adhere strictly to these resolutions. They relate to situations and acts, including terrorism, that constitute a threat to peace and security. They can only form part of the EU’s external action and, in that way, they differ from measures to create our own area of freedom, security and justice, which is, of course, our goal within the Union.
The Council interprets the Treaty of Lisbon in such a way as to apply Article 215 of the Treaty on the Functioning of the European Union in respect of these and other restrictive measures within the framework of the common foreign and security policy, including with regard to terrorism. The EU can also decide to apply further measures alongside those decided by the UN and we can also introduce measures on our own. Sanctions that the EU decides on by itself can be introduced to support other foreign and security policy objectives – respect for human rights, democracy, the principles of the rule of law and good governance – all in accordance with the EU’s obligations under international law.
The measures are currently most often levelled directly against those who have been identified as being responsible for the policy or the measures that we are opposed to, or against their interests or their sources of income. This is more effective than broader sanctions in the form of general trade embargoes or other more arbitrary measures. Targeted sanctions are intended to minimise the negative impact that these measures can have on the population of the country in question. This is a very important consideration when the Council is preparing a decision regarding the introduction of new sanctions.
All sanctions are reviewed regularly to assess their effectiveness. They may be adjusted or lifted completely, depending on the developments. According to the Treaty of Lisbon, restrictive measures will also continue to be used as a tool within the common foreign and security policy by means of Council Decisions in accordance with Article 29 of the treaty. One important change in the new treaty is that decisions on restrictive measures relating to natural or legal persons are now subject to legal review. This means that the court can examine whether a decision regarding sanctions is lawful. This was not the case previously.
Now that the Treaty of Lisbon has entered into force, regulations are adopted following a joint proposal from the High Representative for Foreign Affairs and Security Policy and the Commission in accordance with Article 215 of the Treaty on the Functioning of the European Union. The European Parliament shall be informed of any such decisions. I understand that this change is not appreciated by Parliament, as the Council is no longer obliged to consult Parliament on sanctions that relate to individuals. However, that is how we interpret the treaty.
It is important to point out that any decision on restrictive measures, and implementation of these measures, must always comply with international law. Restrictive measures entail the restriction of certain rights for those individuals that they are directed against. Therefore, the sanctions clearly must respect human rights and the fundamental freedoms. This relates to procedural rights and the right to legal protection. The measures must also always be proportionate to the objective.
With the experience that we have gained in applying sanctions, we have carried out thorough assessments and have looked at how sanctions can be imposed in a constructive way. A number of tangible improvements have been introduced. These include a requirement for the criteria for using certain sanctions to be specified, as well as the grounds for including an individual, a natural or legal person or other entities on a sanctions list. This must be continually reviewed and adjusted if necessary. In this work, the Council has taken account of the European Parliament resolution from last year on the evaluation of EU sanctions as part of the EU’s actions and policies in the area of human rights."@en1
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