Restrictive measures are an instrument that aims to bring about change and/or restrict activities or policies, such as violations of international law, human rights or policies that do not respect the rule of law and democratic principles. Restrictive measures are a preventive and non-punitive tool 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, import and export restrictions, financial restrictions (asset freezes, bans on cash and economic resource transactions) as well as access restrictions (visa bans or travel bans on specific individuals, as well as their transit through the territory of the country concerned) are some of the most commonly used restrictive measures to achieve foreign policy objectives.
I. Restrictive measures of the European Union
Restrictive measures are an important instrument of the European Union's Common Foreign and Security Policy. Restrictive measures are used by the EU as part of an integrated and comprehensive policy approach, including political dialogue, additional efforts and the use of other instruments at the Union's disposal.
The main objectives of adopting restrictive measures are:
- safeguarding the EU's values, fundamental interests and security;
- peacekeeping;
- consolidating and supporting democracy, the rule of law, human rights and the principles of international law;
- conflict prevention and strengthening international security.
Restrictive measures are intended to bring about a change in the policy or behavior of the persons targeted with a view to promoting the objectives of the European Union's Common Foreign and Security Policy.
They can be aimed at:
- non-EU governments because of their policies;
- entities (companies) that provide the means for the implementation of the policies in question;
- groups or organisations, such as terrorist groups;
- persons who support relevant policies, engage in terrorist activities, etc.
The objective of any restrictive measure should be clearly stated and consistent with the overall Union strategy in the relevant area.
The Republic of Bulgaria, as a Member State of the European Union, has the obligation to apply the restrictive measures adopted by the Council of the European Union through issued 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) within the framework of the Common Foreign and Security Policy of the European Union.
The EU restrictive measures, which the Union incorporates into the European legal order through decisions and regulations, are binding in their entirety on EU Member States and their citizens and their implementation covers:
- the territory of the European Union, including territories where the EU acquis applies;
- the state and municipal governments of the EU Member States;
- EU Member States' aircraft and vessels;
- citizens of EU Member States;
- companies and other legal persons, entities and organisations established or established in accordance with the legislation of the EU Member States and operating on the territory of the EU, as well as where European legislation is applicable;
- business and professional activities carried out wholly or partly within the EU.
It is the 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 implement the decisions and regulations of the Council of the EU on restrictive measures.
II. Legal framework of EU restrictive measures
1. European legal framework
The legal basis for EU restrictive measures is Article 29 of the Treaty on European Union and Article 215 of the Treaty on the Functioning of the European Union.
Article 29 of the Treaty on European Union (TEU) provides that the Council may adopt decisions setting out the Union's approach to a particular matter 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 referred to in Article 29 TEU.
EU restrictive measures are implemented through:
- Regulations of the Council of the European Union;
- Decisions of the Council of the European Union.
The latest EU legal acts (decisions and regulations) imposing EU restrictive measures against third countries, entities and persons can be found on the EUR-Lex website for accessing EU law. The EUR-Lex platform provides access to EU legal acts in Bulgarian as well.
2. National legal framework
- Constitution of the Republic of Bulgaria;
- Control over the Implementation of Restrictive Measures in View of Russia's Actions Destabilizing the Situation in Ukraine Act;
- Decision No. 789 of the Council of Ministers of 2022 establishing a Coordination Group on the Implementation of Restrictive Measures of the European Union.
III. Information on EU restrictive measures
- Electronic map of EU restrictive measures
Up-to-date information on EU restrictive measures can be found in the EU Restrictive Measures Electronic Map.
The map includes all types of restrictive measures and contains direct links to current legal acts and implementation guidelines, as well as provides a comprehensive search mechanism and detailed explanations of the restrictive measures in force.
Guidance on the implementation and evaluation of 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/en/pdf
EU best practices for the effective implementation of restrictive measures
https://data.consilium.europa.eu/doc/document/ST-10572-2022-INIT/en/pdf
Information on EU sanctions policy
https://www.consilium.europa.eu/en/policies/sanctions/
Frequently asked questions about EU restrictive measures
European Commission whistleblower tool
Sharing information on violations of EU restrictive measures can increase their effectiveness. The European Commission's whistleblower tool can be used by citizens to report past, current or planned violations of restrictive measures, as well as to attempts to circumvent restrictive measures.
More information on the Whistleblower tool can be found on the European Commission's website.
Further information on EU restrictive measures can be found on the websites of the European Commission and the Council of the European Union.
IV. 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 Decision No. 789 of the Council of Ministers of 20 October 2022 (RMS No. 789/2022)
The nominal composition of the Coordination Group on the Implementation of EU Restrictive Measures was determined by Order No. R-62 of 27.03.2023 of the Prime Minister. The order identifies the Chairperson, Vice-Presidents and 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 item 5 of Decree No. 789/2022, namely:
- Considers issues related to the establishment of the scope, content, effect and position of the party on the restrictive measures;
- Discusses issues related to the identification of the competent national institutions for the application of restrictive measures and their derogations;
- Discusses and resolves issues of coordination nature that fall within the competence of more than one institution.