Ukraine: The Commission proposes rules on freezing and confiscating assets of oligarchs violating restrictive measures and of criminals

Today, the European Commission is proposing to add the violation of EU restrictive measures to the list of EU crimes. The Commission is also proposing new reinforced rules on asset recovery and confiscation, which will also contribute to the implementation of EU restrictive measures. While the Russian aggression on Ukraine is ongoing, it is paramount that EU restrictive measures are fully implemented and the violation of those measures must not be allowed to pay off. Today’s proposals aim to ensure that the assets of individuals and entities that violate the restrictive measures can be effectively confiscated in the future. The proposals come in the context of the ‘Freeze and Seize’ Task Force, set up by the Commission in March.

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Dalle misure restrittive dell’Unione europea alla “guerra economica” nei confronti della Russia e della Bielorussia a seguito dell’invasione dell’Ucraina

Questione giustizia

Articolo – Dalle misure restrittive dell’Unione europea alla “guerra economica”

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EU adopts fifth round of sanctions against Russia over its military aggression against Ukraine

5TH package

COUNCIL DECISION (CFSP) 2022:578

COUNCIL REGULATION (EU) 2022:576

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EU agrees fifth package of sanctions against Russia

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The package comprises:

– a prohibition to purchase, import or transfer coal and other solid fossil fuels into the EU if they originate in Russia or are exported from Russia, as from August 2022. Imports of coal into the EU are currently worth EUR 8 billion per year.

– a prohibition to provide access to EU ports to vessels registered under the flag of Russia. Derogations are granted for agricultural and food products, humanitarian aid, and energy.

– a ban on any Russian and Belarusian road transport undertaking preventing them from transporting goods by road within the EU, including in transit. Derogations are nonetheless granted for a number of products, such as pharmaceutical, medical, agricultural and food products, including wheat, and for road transport for humanitarian purposes.

– further export bans, targeting jet fuel and other goods such as quantum computers and advanced semiconductors, high-end electronics, software, sensitive machinery and transportation equipment, and new import bans on products such as: wood, cement, fertilisers, seafood and liquor. The agreed export and import bans only account for EUR 10 billion and EUR 5.5 billion respectively.

– a series of targeted economic measures intended to strengthen existing measures and close loopholes, such as: a general EU ban on participation of Russian companies in public procurement in member states, the exclusion of all financial support to Russian public bodies. an extended prohibition on deposits to crypto-wallets, and on the sale of banknotes and transferrable securities denominated in any official currencies of the EU member states to Russia and Belarus, or to any natural or legal person, entity or body in Russia and Belarus,.

Furthermore, the Council decided to sanction companies whose products or technology have played a role in the invasion, key oligarchs and businesspeople, high-ranking Kremlin officials, proponents of disinformation and information manipulation, systematically spreading the Kremlin’s narrative on Russia’s war aggression in Ukraine, as well as family members of already sanctioned individuals, in order to make sure that EU sanctions are not circumvented.

Moreover a full transaction ban is imposed on four key Russian banks representing 23% of market share in the Russian banking sector. After being de-SWIFTed these banks will now be subject to an asset freeze, thereby being completely cut off from EU markets.

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Statement on the fifth round of sanctions against Russia

https://ec.europa.eu/commission/presscorner/detail/en/statement_22_2281

Press_statement_by_President_von_der_Leyen

This fifth package has six pillars.

First, we will impose an import ban on coal from Russia, worth EUR 4 billion per year. This will cut another important revenue source for Russia.
Second: a full transaction ban on four key Russian banks, among them VTB, the second largest Russian bank. These four banks, which we now totally cut off from the markets, represent 23% of market share in the Russian banking sector. This will further weaken Russia’s financial system.
Third: a ban on Russian vessels and Russian-operated vessels from accessing EU ports. Certain exemptions will cover essentials, such as agricultural and food products, humanitarian aid as well as energy. Additionally, we will propose a ban on Russian and Belarusian road transport operators. This ban will drastically limit the options for the Russian industry to obtain key goods.
Fourth: further targeted export bans, worth EUR 10 billion, in areas in which Russia is vulnerable. This includes, for example, quantum computers and advanced semiconductors, but also sensitive machinery and transportation equipment. With this, we will continue to degrade Russia’s technological base and industrial capacity.
Fifth: specific new import bans, worth EUR 5.5 billion, to cut the money stream of Russia and its oligarchs, on products from wood to cement, from seafood to liquor. In doing this, we also close loopholes between Russia and Belarus.
Sixth: We take a number of very targeted measures, such as a general EU ban on participation of Russian companies in public procurement in Member States, or an exclusion of all financial support, be it European or national, to Russian public bodies. Because European tax money should not go to Russia in whatever shape or form.

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The President of the General Court rejects RT France’s request to suspend the sanctions adopted by the Council

On 24 February 2022, the Russian Federation began a military operation in Ukraine. By acts of March 1, 2022 1, the Council of the European Union introduced a series of measures to suspend the broadcasting activities of certain media, including RT France, in or towards the Union. According to the Council, the Russian Federation has carried out propaganda actions targeting members of civil society in the Union and its neighbors, seriously distorting and manipulating the facts, having used, for this purpose, as channels media under the control of the Russian leadership.RT France has filed an action for annulment of the Council’s acts before the European Union Tribunal. It has also filed an application for interim measures to obtain a stay of execution of the latter.

By his order of today, the President of the Court of First Instance rejects RT France’s request for interim relief.

CP220054FR

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The countries in yellow have sanctioned Russia.

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European Commission and United States Joint Statement on Trans-Atlantic Data Privacy Framework

European Commission and United States Joint Statement on Trans-Atlantic Data Privacy Framework

The European Commission and the United States announce that they have agreed in principle on a new Trans-Atlantic Data Privacy Framework, which will foster trans-Atlantic data flows and address the concerns raised by the Court of Justice of the European Union in the Schrems II decision of July 2020.

Trans-Atlantic_Data_Privacy_Framework.pdf

European_Commission_and_United_States_Joint_Statement

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Alessandro Colombo on The crisis of the “New World Order”

Alessandro Colombo, Professor of International Relations at the University of Milan and Head of ISPI’s Transatlantic Relations Programme.

has just published a very interesting article on the website of Fondazione Feltrinelli.

https://fondazionefeltrinelli.it/la-crisi-del-nuovo-ordine-mondiale/

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Russia ceases to be a member of the Council of Europe

On 25 February 2022, the Council of Europe decided to adopt Article 8 measures and suspended Russia, with immediate effect, from its rights of representation in the Committee of Ministers and the Parliamentary Assembly.

On 10 March, the Russian Federation declared its intention to leave the Council of Europe, though at that time it did not submit a formal declaration of withdrawal to the Council Secretary-General, as required by Article 7 of the Council Statute.

On 15 March, the formal notification reached the Council Secretary-General together with a declaration of Russia’s intention to denounce the European Convention on Human Rights.

On 16 March the Committee of Ministers decided that Russia would no longer be a member of the Council of Europe as of 16 March.

On 17 March, the Committee of Ministers decided to suspend certain rights of Belarus, which is not a member of CoE, (the right of Belarus to participate as an observer to the Committee of Ministers, and the right of representation of Belarus in GRECO (the Group of States against Corruption), because of the ‘active participation of Belarus in the aggression of the Russian Federation against Ukraine’.

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Treaties of Friendship, Cooperation and Mutual Assistance between the Russian Federation and the Donetsk People’s Republic and Lugansk People’s Republic

TREATY N2228005

Treaties of Friendship, Cooperation and Mutual Assistance between the Russian Federation and the Donetsk People’s Republic and Lugansk People’s Republic

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A Strategic Compass for a stronger EU security and defence in the next decade

a Strategic Compass

ST_7371_2022_INIT_en

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Enforcing sanctions against listed Russian and Belarussian oligarchs: Commission’s “Freeze and Seize” Task Force steps up work with international partners

https://ec.europa.eu/commission/presscorner/detail/en/IP_22_1828

The European Commission’s ‘Freeze and Seize’ Task Force, set up to ensure EU-level coordination to implement sanctions against listed Russian and Belarussian oligarchs, has now stepped up its action at international level. It will work alongside the newly established ‘Russian Elites, Proxies, and Oligarchs (REPO)’ Task Force, under which the EU operates together with the G7 countries Canada, France, Germany, Italy, Japan, the United Kingdom and the United States, as well as Australia.

The ‘Freeze and Seize’ Task Force was set up by the European Commission to ensure the efficient implementation of the EU sanctions against listed Russian and Belarussian oligarch across the EU.

The ‘Freeze and Seize’ Task Force is composed of the Commission, national contact points from each Member State, Eurojust and Europol as well as other EU agencies and bodies as necessary. It will coordinate actions by EU Member States, Eurojust, Europol and other agencies to seize and, where national law allows provides for it, confiscate assets of Russian and Belarussian oligarchs. While the Commission provides strategic coordination, Eurojust and Europol are best placed to ensure operational coordination. The first meeting of the ‘Freeze and Seize’ Task Force took place on 11 March and was chaired by Commissioner Reynders.

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Q & A: fourth package of restrictive measures against Russia

https://ec.europa.eu/commission/presscorner/detail/en/qanda_22_1776

Question_and_Answers__fourth_package_of_restrictive_measures_against_Russia

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Ukraine: EU agrees fourth package of restrictive measures against Russia

https://ec.europa.eu/commission/presscorner/detail/en/ip_22_1761

The agreed measures are the following:

A full prohibition of any transactions with certain Russian State-owned enterprises across different sectors – the Kremlin’s military-industrial complex.
– An EU import ban on those steel products currently under EU safeguard measures, amounting to approximately € 3.3 billion in lost export revenue for Russia. Increased import quotas will be distributed to other third countries to compensate.
A far-reaching ban on new investment across the Russian energy sector, with limited exceptions for civil nuclear energy and the transport of certain energy products back to the EU.
An EU export ban on luxury goods (e.g. luxury cars, jewellery, etc.) to directly hit Russian elites.
Moreover, the list of sanctioned persons and entities has been further extended to include more oligarchs and business elites linked to the Kremlin, as well as companies active in military and defence areas, which are logistically and materially supporting the invasion. There are also new listings of actors active in disinformation.
A ban on the rating of Russia and Russian companies by EU credit rating agencies and the provision of rating services to Russian clients, which would result in them losing even further access to the EU’s financial markets.

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G7 Leaders’ Statement – Berlin, 11 March 2022

G7 Leaders’ Statement

2022-03-11-g7-leader-eng-data

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Statement on the fourth package of restrictive measures against Russia

https://ec.europa.eu/commission/presscorner/detail/en/statement_22_1724

First, we will deny Russia the status of most-favoured-nation in our markets. This will revoke important benefits that Russia enjoys as a WTO member. Russian companies will no longer receive privileged treatment in our economies. We will also work to suspend Russia’s membership rights in leading multilateral financial institutions, including the International Monetary Fund and the World Bank. We will ensure that Russia cannot obtain financing, loans, or any other benefits from these institutions. Because Russia cannot grossly violate international law and, at the same time, expect to benefit from the privileges of being part of the international economic order.

Second, we will continue pressuring Russian elites close to Putin as well as their families and enablers. This is why G7 Finance-, Justice- and Home Affairs Ministers will meet next week to coordinate the task force we set up targeting Putin’s cronies.

Third, we are making sure that the Russian state and its elites cannot use crypto assets to circumvent the sanctions. We will stop the group close to Putin and the architects of his war from using these assets to grow and transfer their wealth.

Fourth, we will ban the export of any EU luxury goods from our countries to Russia, as a direct blow to the Russian elite. Those who sustain Putin’s war machine should no longer be able to enjoy their lavish lifestyle while bombs fall on innocent people in Ukraine.

Fifth, very importantly, we will prohibit the import of key goods in the iron and steel sector from the Russian Federation. This will hit a central sector of Russia’s system, deprive it of billions of export revenues and ensure that our citizens are not subsidising Putin’s war.

Finally, we will propose a big ban on new European investments across Russia’s energy sector. Because we should not be feeding the energy dependency which we want to leave behind us. This ban will cover all investments, technology transfers, financial services, etcetera, for energy exploration and production – and thus have a big impact on Putin.”

Statement_by_President_von_der_Leyen

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New sanctions against Belarus and Russia

https://ec.europa.eu/commission/presscorner/detail/en/ip_22_1649

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Sanctions: 146 members of the Russian Federation Council who ratified the government decisions of the ‘Treaty of Friendship, Cooperation and Mutual Assistance between the Russian Federation and the Donetsk People’s Republic and between the Russian Federation and the Luhansk People’s Republic’

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Ukraine: EU agrees to extend the scope of sanctions on Russia and Belarus

The European Commission welcomes today’s agreement of Member States to adopt further targeted sanctions in view of the situation in Ukraine and in response to Belarus’s involvement in the aggression. In particular, the new measures impose restrictive measures on 160 individuals and amend Regulation (EC) 765/2006 concerning restrictive measures in view of the situation in Belarus and Regulation (EU) 833/2014 concerning Russia’s actions destabilising the situation in Ukraine. These amendments create a closer alignment of EU sanctions regarding Russia and Belarus and will help to ensure even more effectively that Russian sanctions cannot be circumvented, including through Belarus.

For Belarus, the measures introduce SWIFT prohibitions similar to those in the Russia regime, clarify that crypto assets fall under the scope of “transferable securities” and further expand the existing financial restrictions by mirroring the measures already in place regarding Russia sanctions.

In particular, the agreed measures will:

Restrict the provision of SWIFT services to Belagroprombank, Bank Dabrabyt, and the Development Bank of the Republic of Belarus, as well as their Belarusian subsidiaries.
Prohibit transactions with the Central Bank of Belarus related to the management of reserves or assets, and the provision of public financing for trade with and investment in Belarus.
Prohibit the listing and provision of services in relation to shares of Belarus state-owned entities on EU trading venues as of 12 April 2022.
Significantly limit the financial inflows from Belarus to the EU, by prohibiting the acceptance of deposits exceeding €100.000 from Belarusian nationals or residents, the holding of accounts of Belarusian clients by the EU central securities depositories, as well as the selling of euro-denominated securities to Belarusian clients.
Prohibit the provision of euro denominated banknotes to Belarus.

https://ec.europa.eu/commission/presscorner/detail/en/ip_22_1649

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The Commission launches the EU Sanctions Whistleblower Tool to protect the identity of who reports violations of EU sanctions.

https://eusanctions.integrityline.com/frontpage

The EU Sanctions Whistleblower Tool protects your identity and allows you to contact us anonymously to report violations of EU sanctions.

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Further EU restrictive measures against Russia

The Council today introduced further restrictive measures in view of the Russian Federation’s unprovoked and unjustified military aggression against Ukraine.

The Council decided in particular to prohibit:

the provision of specialised financial messaging services, which are used to exchange financial data (SWIFT), to Bank Otkritie, Novikombank, Promsvyazbank, Rossiya Bank, Sovcombank, VNESHECONOMBANK (VEB), and VTB BANK’. This prohibition will enter into force on the tenth day after the publication in the Official Journal of the EU, and will also apply to any legal person, entity or body established in Russia whose proprietary rights are directly or indirectly owned for more than 50% by the above-mentioned banks.
to invest, participate or otherwise contribute to future projects co-financed by the Russian Direct Investment Fund.
sell, supply, transfer or export euro denominated banknotes to Russia or to any natural or legal person, entity or body in Russia, including the government and the Central Bank of Russia, or for use in Russia.
Today’s decisions complements the package of measures announced by the High Representative after the video conference of EU Foreign Affairs Ministers of 27 February. Such package also includes the provision of equipment and supplies to the Ukrainian Armed Forces through the European Peace Facility, a ban on the overflight of EU airspace and on access to EU airports by Russian carriers of all kinds, a ban on the transactions with the Russian Central Bank, and the prohibition for state-owned media Russia Today and Sputnik’ to broadcast in the EU.

https://www.consilium.europa.eu/en/press/press-releases/2022/03/02/russia-s-military-aggression-against-ukraine-eu-bans-certain-russian-banks-from-swift-system-and-introduces-further-restrictions/

Council Regulation (EU) 2022/345 of 1 March 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine
Council Decision (CFSP) 2022/346 of 1 March 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

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Belarus’ role in the Russian military aggression of Ukraine: sanctions on additional 22 individuals and further restrictions on trade

Council Implementing Regulation (EU) 2022/353 of 2 March 2022 implementing Regulation (EU)
No 269/2014 concerning restrictive measures in respect of actions undermining or threatening
the territorial integrity, sovereignty and independence of Ukraine

Council Decision (CFSP) 2022/354 of 2 March 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

2022 353 354 CSFP EU

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UNGA Resolution – “Aggression against Ukraine”

UNGA-resolution

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Restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

2022 335 CFSP

2022 334 CSFP

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Joint Statement on further restrictive economic measures (European Commission, France, Germany, Italy, the United Kingdom, Canada, and the United States)

https://ec.europa.eu/commission/presscorner/detail/en/statement_22_1423

We, the leaders of the European Commission, France, Germany, Italy, the United Kingdom, Canada, and the United States condemn Putin’s war of choice and attacks on the sovereign nation and people of Ukraine. We stand with the Ukrainian government and the Ukrainian people in their heroic efforts to resist Russia’s invasion. Russia’s war represents an assault on fundamental international rules and norms that have prevailed since the Second World War, which we are committed to defending. We will hold Russia to account and collectively ensure that this war is a strategic failure for Putin.

This past week, alongside our diplomatic efforts and collective work to defend our own borders and to assist the Ukrainian government and people in their fight, we, as well as our other allies and partners around the world, imposed severe measures on key Russian institutions and banks, and on the architects of this war, including Russian President Vladimir Putin.

As Russian forces unleash their assault on Kyiv and other Ukrainian cities, we are resolved to continue imposing costs on Russia that will further isolate Russia from the international financial system and our economies. We will implement these measures within the coming days.

Specifically, we commit to undertake the following measures:

First, we commit to ensuring that selected Russian banks are removed from the SWIFT messaging system. This will ensure that these banks are disconnected from the international financial system and harm their ability to operate globally.

Second, we commit to imposing restrictive measures that will prevent the Russian Central Bank from deploying its international reserves in ways that undermine the impact of our sanctions.

Third, we commit to acting against the people and entities who facilitate the war in Ukraine and the harmful activities of the Russian government. Specifically, we commit to taking measures to limit the sale of citizenship—so called golden passports—that let wealthy Russians connected to the Russian government become citizens of our countries and gain access to our financial systems.

Fourth, we commit to launching this coming week a transatlantic task force that will ensure the effective implementation of our financial sanctions by identifying and freezing the assets of sanctioned individuals and companies that exist within our jurisdictions. As a part of this effort we are committed to employing sanctions and other financial and enforcement measures on additional Russian officials and elites close to the Russian government, as well as their families, and their enablers to identify and freeze the assets they hold in our jurisdictions. We will also engage other governments and work to detect and disrupt the movement of ill-gotten gains, and to deny these individuals the ability to hide their assets in jurisdictions across the world.

Finally, we will step up or coordination against disinformation and other forms of hybrid warfare.

We stand with the Ukrainian people in this dark hour. Even beyond the measures we are announcing today, we are prepared to take further measures to hold Russia to account for its attack on Ukraine.

Joint_Statement_on_further_restrictive_economic_measures

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Frequently asked questions: Restrictive measures (sanctions)

Frequently_asked_questions__Restrictive_measures__sanctions_

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Restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

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Press statement by President von der Leyen on Russia’s aggression against Ukraine

Early this morning, Russian troops invaded Ukraine, a free and sovereign country. Once again, in the centre of Europe, innocent women, men and children are dying or fear for their lives. We condemn this barbaric attack, and the cynical arguments to justify it.

It is President Putin, who is bringing war back to Europe. In these dark hours, the European Union and its people stand by Ukraine and its people. We are facing an unprecedented act of aggression by the Russian leadership against a sovereign, independent country. Russia’s target is not only Donbas, the target is not only Ukraine, the target is the stability in Europe and the whole of the international peace order. And we will hold President Putin accountable for that.

Later today, we will present a package of massive and targeted sanctions, to European Leaders for approval. With this package, we will target strategic sectors of the Russian economy by blocking their access to technologies and markets that are key for Russia. We will weaken Russia’s economic base and its capacity to modernise. And in addition, we will freeze Russian assets in the European Union and stop the access of Russian banks to European financial markets. Like with the first package of sanctions, we are closely aligned with our partners and allies – the United States, the United Kingdom, Canada, but also, for example, Japan and Australia. These sanctions are designed to take a heavy toll on the Kremlin’s interests and their ability to finance war.

And we know that millions of Russians do not want war. President Putin is trying to turn back the clock to the times of the Russian empire. But in doing so, he is putting at risk the future of the Russian people. I call on Russia to immediately stop the violence and to withdraw its troops from Ukraine’s territory. We will not let President Putin tear down the security architecture that has given Europe peace and stability over many decades. We will not allow President Putin to replace the rule of law by the rule of force and ruthlessness. He should not underestimate the resolve and strength of our democracies.

History has proven that societies and alliances built on trust and freedom are resilient and successful. And that is exactly what the autocrats fear. The European Union stands with Ukraine and its people. We will continue to support them. Ukraine will prevail.

https://ec.europa.eu/commission/presscorner/detail/en/statement_22_1322

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Press Statement of President Charles Michel of the European Council and President Ursula von der Leyen of the European Commission on Russia’s unprecedented and unprovoked military aggression of Ukraine

We condemn in the strongest possible terms Russia’s unprecedented military aggression against Ukraine. By its unprovoked and unjustified military actions, Russia is grossly violating international law and undermining European and global security and stability. We deplore the loss of life and the human suffering.

We call on Russia to immediately cease the hostilities, withdraw its military from Ukraine and fully respect Ukraine’s territorial integrity, sovereignty and independence. Such use of force and coercion has no place in the 21st century. The EU stands firmly by Ukraine and its people as they face this unparalleled crisis.

The EU leaders will meet later today. President Michel of the European Council has urgently convened an extraordinary meeting of the European Council to discuss the crisis and further restrictive measures. These will impose massive and severe consequences on Russia for its actions. President von der Leyen and High Representative Borrell will outline a further sanctions package being finalised by the European Commission and the EEAS in close coordination with partners. The Council will adopt them swiftly.

The EU will continue to provide strong political, financial and humanitarian assistance to Ukraine and its people.

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Joint Statement of the Russian Federation and the People’s Republic of China on the International Relations Entering a New Era and the Global Sustainable Development

Joint Statement of the Russian Federation and the People’s Republic of China

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ANTI COERCION: Proposal for a REGULATION on the protection of the Union and its Member States from economic coercion by third countries

“Economic coercion’ under the proposal refers to a situation where a third country is seeking to pressure the Union or a Member State into making a particular choice by applying, or threatening to apply, measures affecting trade or investment. Such practices unduly interfere with the legitimate policymaking space of the EU and its Member States and undermine the EU’s open strategic autonomy”.

https://trade.ec.europa.eu/doclib/press/index.cfm?id=2245&title=Towards-an-EU-anti-coercion-instrument

Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the protection of the Union and its Member States from economic coercion by third countries
{SEC(2021) 418 final} – {SWD(2021) 371 final} – {SWD(2021) 372 final}

tradoc_159958

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Joint Statement of the United States and Germany on Support for Ukraine, European Energy Security, and Climate Goals

https://www.state.gov/joint-statement-of-the-united-states-and-germany-on-support-for-ukraine-european-energy-security-and-our-climate-goals/

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Just imagine …

… what would have happened if the President of the European Union had given his place to the President of the Commission instead of sitting next to the President of Turkey.

… what would have happened if the President of the European Union and of the Commission had both sit on the sofa, leaving an empty chair next to the President of Turkey.

… what would have happened if the President of the Commission had left the room.

… what would have happened if both the President of the Commission and the President of the European Union had left the room.

Unfortunately, things went very differently …

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Italy has blocked the export of some doses of AstraZeneca vaccine to Australia (“not vulnerable country”) on the basis of Commission Implementing Regulation (EU) 2021/111

Commission Implementing Regulation (EU) 2021/111 of 29 January 2021 making the exportation of certain products subject to the production of an export authorisation

CELEX32021R0111ENTXT

“Despite the fact that financial support has been given to increase production, certain vaccine manufacturers have already announced that they would not be in a position to supply the quantities of vaccine destined to the Union that they had pledged, in potential breach of their contractual commitments. Furthermore, there is a risk that vaccines produced in the Union are exported from the Union, in particular to non-vulnerable countries. Such a potential breach of contractual commitments made by the pharmaceutical industries, carries the risk of shortages and therefore delays within the Union. Such delays severely disrupt the Union’s plan to inoculate its population.”

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E3 statement on the JCPoA: 7 December 2020

The governments of France, Germany and the UK respond to Iranian plans to expand its nuclear programme and restrict IAEA monitoring access.

Statement by the governments of France, Germany and the United Kingdom:

We, the governments of France, Germany and the United Kingdom have worked tirelessly to preserve the Joint Comprehensive Plan of Action (JCPoA). It is a key achievement of multilateral diplomacy and the global non-proliferation architecture. We negotiated the JCPoA with the conviction that it would decisively contribute to building confidence in the exclusively peaceful nature of Iran’s nuclear programme, as well as to international peace and security. It remains the best, and currently the only, way to monitor and constrain Iran’s nuclear programme.

Iran’s recent announcement to the IAEA that it intends to install an additional three cascades of advanced centrifuges at the Fuel Enrichment Plant in Natanz is contrary to the JCPoA and deeply worrying.

Furthermore, we have taken note, with great concern, of the recent law passed by the Iranian Parliament, which – if implemented – would substantially expand Iran’s nuclear programme and limit IAEA monitoring access. The measures would be incompatible with the JCPoA and Iran’s wider nuclear commitments.

If Iran is serious about preserving a space for diplomacy, it must not implement these steps. Such a move would jeopardise our shared efforts to preserve the JCPoA and risks compromising the important opportunity for a return to diplomacy with the incoming US Administration. A return to the JCPoA would also be beneficial for Iran.

We will address Iran’s non-compliance within the framework of the JCPoA. We welcome the statements by President-elect Biden on the JCPoA and a diplomatic path to address wider concerns with Iran. This is in all our interests.

https://www.gov.uk/government/news/e3-statement-on-the-jcpoa-7-december-2020

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REGIONAL COMPREHENSIVE ECONOMIC PARTNERSHIP AGREEMENT

https://rcepsec.org/legal-text/

All-Chapters

Joint Leaders’ Statement on The Regional Comprehensive Economic Partnership (RCEP)

We, the Heads of State/Government of the Member States of the Association of Southeast Asian Nations (ASEAN) – Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Viet Nam – Australia, China, Japan, Korea and New Zealand, met virtually on 15 November 2020, on the occasion of the 4th RCEP Summit.

We were pleased to witness the signing of the RCEP Agreement, which comes at a time when the world is confronted with the unprecedented challenge brought about by the Coronavirus Disease 2019 (COVID-19) global pandemic. In light of the adverse impact of the pandemic on our economies, and our people’s livelihood and well-being, the signing of the RCEP Agreement demonstrates our strong commitment to supporting economic recovery, inclusive development, job creation and strengthening regional supply chains as well as our support for an open, inclusive, rules-based trade and investment arrangement. We acknowledge that the RCEP Agreement is critical for our region’s response to the COVID-19 pandemic and will play an important role in building the region’s resilience through inclusive and sustainable post-pandemic economic recovery process.

https://asean.org/joint-leaders-statement-regional-comprehensive-economic-partnership-rcep-2/

Pubblicato in ASIA RCEP, China, trade wars | Lascia un commento

USA: Executive Order on Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies

EO on Addressing the Threat from Securities Investments that Finance Communist Chinese

Executive Order

Pubblicato in China, natsec, trade wars | Lascia un commento

New rules on trade of dual-use items agreed

Dual use items

The EU will soon be equipped with a set of new rules allowing for more accountable, competitive and transparent trade of dual-use items. These are a vast group of goods, materials, software and technology which can be used for both civil and military purposes.

Pubblicato in dual use, natsec | Lascia un commento

On significant distortions in the economy of the Russian Federation for the purposes of trade defence investigations

COMMISSION STAFF WORKING DOCUMENT
on significant distortions in the economy of the Russian Federation for the purposes of trade defence investigations

tradoc_158997

Pubblicato in natsec, Russia, trade, trade restrictions, trade wars | Lascia un commento

Court of Justice: Real-time data collection and data retention – Threat to national security.

The Court of Justice confirms that EU law precludes national legislation requiring a provider of electronic communications services to carry out the general and indiscriminate transmission or retention of traffic data and location data for the purpose of combating crime in general or of safeguarding national security

Judgments in Case C 623/17, Privacy International, and in Joined Cases C 511/18, La Quadrature du Net and Others, C 512/18, French Data Network and Others, and C 520/18, Ordre des barreaux francophones et germanophone and Others

EU law precludes national legislation requiring a provider of electronic communications services to carry out the general and indiscriminate transmission or retention of traffic data and location data for the purpose of combating crime in general or of safeguarding national security.

CP200123EN

The Court considers, however, that national legislation requiring providers of electronic communications services to retain traffic data and location data or to forward that data to the national security and intelligence authorities for that purpose falls within the scope of that directive.

Next, the Court recalls that the directive on privacy and electronic communications does not permit the exception to the obligation of principle to ensure the confidentiality of electronic communications and the related data and to the prohibition on storage of such data to become the rule. This means that the directive does not authorise the Member States to adopt, inter alia for the purposes of national security, legislative measures intended to restrict the scope of rights and obligations provided for in that directive, in particular the obligation to ensure the confidentiality of communications and traffic data, unless such measures comply with the general principles of EU law, including the principle of proportionality, and the fundamental rights guaranteed by the Charter.

cp200123en

Pubblicato in cyber, data, data localization, Mass surveillance, natsec | Lascia un commento