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Press material Friday 9 June 2023

● Council of the EU   09/06/2023 16:18 | Press release | Presidency issues conclusions on the safety of LGBTI persons in the European Union   The presidency of the Council issued presidency conclusions on the safety of LGBTI persons in the European Union. The text was supported by 25 delegations. The presidency conclusions focus on the prevention of all forms of violence, harassment and discrimination and on ensuring that law enforcement, judicial authorities and equality bodies are sufficiently equipped to protect the fundamental rights of LGBTI persons. Presidency conclusions on the safety of LGBTI persons in the European Union, 9 June 2023

Meetings Friday 9 June 2023

● Council of the EU   09/06/2023 12:13 | MEETING | Employment, Social Policy, Health and Consumer Affairs Council, 12-13 June 2023   Background note - Employment, Social Policy, Health and Consumer Affairs Council, 12-13 June 2023

Press material Friday 9 June 2023

● Council of the EU   09/06/2023 11:43 | Press release | EU sanctions: Council finalises position on law that aligns penalties for violations   The Council today settled on its negotiating position (general approach) for an EU law which introduces criminal offences and penalties for the violation of EU sanctions. This directive, when adopted, will be an important tool to ensure that violating sanctions does not pay off. "Sanctions are one crucial tool in the EU support of Ukraine and its fight against the Russian illegal aggression. This new law will make it easier to investigate, prosecute and punish the breaking of sanction measures throughout the EU." Gunnar Strömmer, Swedish minister for justice The draft law defines the conduct member states will need to criminalise. Actions which member states will label as criminal offences include: helping persons subject to Union restrictive measures to bypass an EU travel ban, trading sanctioned goods and running transactions with states or entities which are hit by EU restrictive measures. Dissuasive penalties The Council also wants member states to ensure that violating EU sanctions is punishable by effective, proportionate and dissuasive criminal penalties. The draft directive foresees penalties to vary depending on the offence. Member states will also have to update their national laws so that aggravating circumstances are taken into account when determining the penalty. An aggravating circumstance for instance would be that the offence is committed in the framework of a criminal organisation or by a public official. Stricter enforcement Member states should also step up their efforts to make sure that EU sanctions are respected. For that they will be obliged to provide for a limitation period that allows for proper law enforcement. Member states also need to take measures to freeze and confiscate the proceeds from violating sanctions. EU countries will furthermore be required to guarantee cooperation and coordination between its various law enforcement and judicial authorities. Cooperation on criminal investigations into sanction violation will also happen at European level – between member states, the Commission and EU agencies such as Europol or the European Public Prosecutor’s Office. Background and next steps Restrictive measures are an important component of the EU's foreign and security policy toolbox. They can consist of for instance asset freezes, travel bans and import/export restrictions. The enforcement of EU sanctions is a member state responsibility. But the types and levels of penalties in member states can vary because – so far – national systems that deal with the violation of EU sanctions differ significantly. Currently, member states are not required to criminalise violations and may thus apply administrative sanctions instead, and maximum criminal penalties range from 2 to 12 years of imprisonment. In order to limit sanctions circumvention and tighten their enforcement, the Commission – on 5 December 2022 – proposed the present draft directive on the definition of criminal offences and penalties for the violation of Union restrictive measures. The general approach agreed on today is the basis for negotiations with the European Parliament to reach a common position on the draft law. Proposal on the definition of criminal offences and penalties for the violation of EU restrictive measures, 17 May 2023 Press material Friday 9 June 2023   ● Council of the EU   09/06/2023 11:29 | Press release | Stronger press freedom and free speech protection: Council agrees position on anti-SLAPP law   EU member states have reached a common position (general approach) on a draft law which will protect journalists and human rights defenders against manifestly unfounded claims or abusive court proceedings. Such so-called strategic lawsuits against public participation (SLAPPs) are an increasing phenomenon to silence people who speak out on issues of public interest. "Freedom of expression and free media are crucial to the functioning of our European democracies, and our free and open societies. Now that we have reached a general approach, we move towards a stronger protection for journalists, human rights defenders and others who engage in public debate." Gunnar Strömmer, Swedish minister for justice The draft directive will put in place procedural safeguards against such claims in civil matters with cross-border implications. Protection of journalists and human rights defenders Persons confronted with SLAPP cases will benefit from a number of procedural safeguards and protections: Financial security: A court can decide to require that the claimant, i.e. the person or company who started a SLAPP case, provides security for the costs of the proceedings Early dismissal: A judge may decide to dismiss, after appropriate examination, a claim as manifestly unfounded at the earliest possible stage in the proceedings. In case an application for an early dismissal has been launched, it will be for the claimant to demonstrate that the claim is not manifestly unfounded Costs: Because SLAPP cases often aim to financially wear out a journalist, a court can decide that the claimant must bear the costs of the proceedings, including the costs of legal representation of the SLAPP victim Penalties: In case of abusive court proceedings a court can decide to impose dissuasive penalties or other appropriate measures on the party who brought the proceedings Third-country judgments If a person living in the EU is targeted by a SLAPP case in a third-country, EU member states must refuse the recognition and enforcement of the judgment rendered in that third-country case if it would be considered manifestly unfounded or abusive in the member state in question. Background and next steps SLAPPs are typically initiated by powerful individuals, lobby groups, corporations and state organs. Their purpose is to censor, intimidate and silence critics by burdening them with the cost of a legal defence until they abandon their criticism or opposition. Typical targets of SLAPPs are journalists and human rights defenders. Other persons engaged in public participation such as researchers and academics may also be targeted. The increase of SLAPPs has been documented in a number of Rule of Law Reports, which examine rule of law developments in EU member states, and Council of Europe analyses. Today’s agreement on a common position will allow the Council to start discussions with the European Parliament in order to settle on the final law. Proposal on strategic lawsuits against public participation, 17 May 2023

Meetings Friday 9 June 2023

● Council of the EU   09/06/2023 21:03 | MEETING | Main results - Justice and Home Affairs Council, 8-9 June 2023   EU justice ministers, meeting today in Luxembourg, adopted five general approaches to better fight organised crime, protect the public debate, combat violence against women and criminalise the violation of EU sanctions.

Press material Friday 9 June 2023

● General Secretariat   09/06/2023 18:18 | Press release | Forward look: 12 - 25 June 2023   Overview of the main topics and events at the Council of EU and European Council for the coming fortnight. Employment, Social Policy, Health and Consumer Affairs Council, 12-13 June 2023 EU ministers for employment, social affairs and health will meet in Luxembourg on Monday 12 and Tuesday 13 June. On Monday, employment and social affairs ministers will discuss the 2023 European Semester and aim to reach a general approach on working conditions for platform workers, standards for equality bodies, and limit values for lead in the workplace. On Tuesday, health ministers will adopt a recommendation on anti-microbial resistance, establish the Council’s general approach for the EMA fees regulation, and discuss ways to strengthen the pharmaceutical ecosystem. Read more Economic and Financial Affairs Council, 16 June 2023 Ministers will discuss the ‘VAT in the digital age’ package and the proposed reform of the economic governance framework. The Council will aim to adopt an implementing decision approving an amended recovery and resilience plan of Estonia. Taking work forward on the European Semester, the Council will approve its recommendations on the 2023 national reform programmes and deliver its opinions on the updated stability or convergence programmes. Read more Transport, Telecommunications and Energy Council (Energy), 19 June 2023 Ministers will seek a general approach on a reform of the EU electricity market design. Under other business ministers will hear from the Commission on winter preparedness and on external energy relations. Read more Environment Council, 20 June 2023 EU environment ministers will seek a general approach on a proposal for a nature restoration regulation. They will hold a policy debate on CO2 emission standards for heavy-duty vehicles, and on air quality. Read more Other events Informal meeting of agriculture and fisheries ministers, 11-13 June 2023 Eurogroup, 15 June 2023 Informal meeting of the General Affairs Council, 21-22 June 2023 Indicative calendar of meetings under the Swedish presidency (1 January - 30 June 2023) Swedish presidency website