In a significant move to counter Russia’s destabilizing actions abroad, the Council of the EU has enacted Regulation (EU) 2024/2642 on 8 October 2024 concerning restrictive measures in view of Russia’s hybrid, destabilizing activities (“EU Russia Destabilization Sanctions”). The new sanctions framework aims at targeting individuals and entities involved in hybrid activities that undermine the fundamental values and security of the EU, its member states, and international organizations. The decision, proposed by Josep Borrell, the High Representative for Foreign Affairs and Security Policy, is part of the EU’s broader response to Russia’s hybrid activities. The framework will enable the EU to take decisive action against those who pose a threat to its security and democratic processes, through the following types of acts:
- Undermining democratic processes: This includes actions that obstruct or disrupt elections or efforts to destabilize or overthrow the constitutional order.
- Facilitating violent protests: Providing support for or enabling violent demonstrations.
- Encouraging acts of violence: This encompasses activities aimed at silencing, intimidating, coercing, or retaliating against individuals who criticize the Russian Federation’s actions or policies.
- Coordinated information manipulation: Supporting or facilitating the use of organized misinformation and interference.
- Targeting democratic institutions: Engaging in actions that affect the functioning of democratic bodies, economic activities, or public services. This includes unauthorized entry into a Member State’s territory or airspace and attempts to interfere with, damage, or destroy critical infrastructure through sabotage or cyberattacks.
- Exploitation of migrants: Supporting or facilitating the instrumentalization of migrants for the purpose of destabilizing potential host or destination countries.
- Exploiting conflict and instability: Taking advantage of armed conflicts or insecurity, particularly through illegal exploitation or trade of natural resources and wildlife in other countries.
- Instigating armed conflict: Actively promoting or facilitating armed conflicts in foreign nations.
The EU Russia Destabilization Sanctions effectively provide new grounds for the designation of persons or entities as EU designated parties, in addition to the existing designation grounds in EU sanctions regimes, in particular on the basis of Regulation (EU) 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.
The new sanctions regime provides for established smart sanctions measures:
- Asset Freezes of designated parties
- Prohibition to provide funds or economic resources: Neither funds nor economic resources must be available to persons or entities encompassed by Annex I of the EU Destabilization Sanctions or entities owned or controlled by designated persons or entities.
- Travel Bans: Natural persons will be subject to travel bans, preventing them from entering or transiting through EU territories.
Background: EU Strategic Compass for Security and Defense
The establishment of the new sanctions regime is rooted in the Strategic Compass for Security and Defense, approved by the Council in 2022. This document called for the development of an EU Hybrid Toolbox to detect and respond to hybrid threats. The toolbox has been operational since December 2022. In May 2024, the Council acknowledged the increasing use of hybrid tactics by state and non-state actors, posing a growing threat to the EU’s security and the need to act on this type of threat. The European Council’s conclusions in June 2024 strongly condemned these activities and called for the establishment of a new sanctions regime. On 8 October 2024, the Council of the EU followed suit. In its statement, the Council of the EU underlined that the European Union and its Member States strongly condemn Russia’s increasing hybrid activities against the EU, its Member States and partners, as they illustrate Russia’s reckless behavior and disregard for the international order. By deciding to create its own framework for restrictive measures, the EU can target those who are responsible for, support or benefit from Russia’s destabilizing actions in order to strengthen the EU’s resilience and respond to hybrid threats.
Conclusion
The new framework for restrictive measures marks a significant step in the EU’s efforts to counter hybrid threats and protect its fundamental values and security. Importantly, the EU Russia Destabilizing Sanctions not only target activities directed against the EU and its Member States, but also Russian hybrid activities targeting international institutions or third countries.
