The European Commission threatened Poland. We can get punished for... no penalties

In 2024, an EU directive entered into force, whereby circumvention of EU sanctions should be considered a crime and punished. It has been 1 year since the directive was not implemented in as many as 18 EU countries, including Poland. Now we're facing penalties for deficiency of penalties.


The European Commission has taken action against respective EU associate States which have not notified it of the measures adopted to implement EU directives into national law. Among the directives that have not been implemented is the 1 that concerns punishment for circumvention of sanctions against Russia.

Poland now faces penalties for deficiency of penalties

The European Commission has decided to initiate proceedings on "inadequacy of a associate State". In addition to Poland, 17 another countries received calls, including Belgium, the Czech Republic, Germany, Spain and France. The offence is not to notify the implementation of the Directive on "criminalisation of infringements of EU restrictive measures". This is about sanctions against Russia.

That directive describes what is simply a crime in this area and what penalties should be. It aims to prevent the circumvention of EU sanctions, including those adopted after Russian aggression against Ukraine.

Member States had until 20 May 2025 to notify the EC of the implementation of the Directive in national law. 18 countries now have 2 months to respond, complete implementation and notify the Commission of the measures taken. In the absence of a satisfactory response, the Commission may decide to issue a "reasoned opinion". This is simply a kind of sharper reminder before referring the case to the EU Court of Justice.

The fact that the directive remains dead may be surprising. The EU regularly extends sanctions to Russia, the 18th package has late entered into force. However, there are inactive no rules in many countries to facilitate enforcement. For example, there are no penalties for circumventing the Russian travel ban or providing financial services for them.