Factsheet on member state procedures to grant humanitarian derogations from EU restrictive measures (sanctions)

This factsheet summarises the most common rules and procedures that are in place in different Member States and are applied by their National Competent Authorities (‘NCAs’) when assessing requests and applications for authorisations for humanitarian derogations under EU sanctions regulations. In particular, the factsheet includes preliminary indications on several aspects that humanitarian operators should take into account when applying for those authorisations, such as

• evidence required to obtain an authorisation for humanitarian derogation
• competence of NCAs
• validity of an authorisation and general authorisation
• urgency procedures
• administrative or judicial review of the decision of the NCA dismissing the application for humanitarian derogation

The factsheet also includes fictional examples on how to apply those indications as well as the references to humanitarian derogations contained in EU sanctions regulations, the EU Sanctions-Humanitarian Contact Point and to the list of relevant NCAs referred to in EU sanctions regulations.

The factsheet was prepared by Directorate General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA) in the European Commission with the assistance of the Commission Expert Group on Union restrictive measures and extraterritoriality, where Member States’ competent authorities are represented. This factsheet is intended to facilitate the preparation of applications for authorisations for humanitarian derogation by humanitarian operators and to ensure that humanitarian aid is provided in compliance with EU sanctions. This factsheet is not a Commission guidance and it does not commit the European Commission or the Member States. Only the Court of Justice of the European Union is competent to authoritatively interpret Union law. Those interested in applying for humanitarian derogations are invited to contact the EU Sanctions-Humanitarian Contact Point and/or the relevant NCAs directly to obtain information on requirements in place.