Ukraine claims unilateral import bans on Ukrainian grains imposed by Hungary, Poland and Slovakia are illegal. It officially announced, on Monday 18 September, that it was submitting a specific request for consultations to the World Trade Organization (WTO), the first stage in the dispute settlement procedure.
The three EU Member States have imposed import bans after the Commission lifted its safeguard measure on Ukrainian grains on Friday 15 September (see EUROPE 13251/1). The restrictions apply not only to grains, maize, rapeseed and sunflower seeds, but also to other products. Hungary, for example, has banned the import of 24 Ukrainian agricultural products.
On Friday 15 September, the President of Ukraine, Volodymyr Zelensky, had welcomed the European Commission’s decision to put an end to restrictions and warned against unilateral measures: “It is crucial that European solidarity also works on a bilateral level for our neighbours to support Ukraine during times of war. Should their decisions violate EU legislation, Ukraine will respond in a civilized manner”.
The European Commission remains cautious
As trade policy is one of the EU’s exclusive competences, the European Commission has indicated in the past that unilateral measures by Member States in this area were not legitimate.
On Friday 15 September, the European Commissioner for Trade, Valdis Dombrovskis, recalled the mechanism put in place by Ukraine to monitor its exports (see EUROPE 13251/1). And he advocated for joint action on this issue: “The best would be for Member States to refrain from unilateral measures, and work along the lines of this solution”.
For the time being, the European Commission has not ruled on the legal nature or otherwise of the Hungarian, Polish and Slovakian restrictions, which it has yet to analyse. Nor did it comment on the announcements made by Ukraine on Monday 18 September.
The Spanish Presidency of the EU Council says unilateral measures are illegal.
At the ‘Agriculture’ Council on Monday 18 September, the majority of EU countries condemned the unilateral measures taken by Hungary, Poland and Slovakia.
The current President of the ‘Agriculture’ Council, Spain’s Luis Planas, claimed that the restrictive measures decided by these three EU countries were wrong and contrary to Community law and the principles of the Single Market. It is up to the European Commission, as guardian of the Treaties, “to tell us what is going to happen”, he added.
He also expressed his gratitude for the good role played by the European Commission in promoting alternatives to restrictive measures.
Marek Výborný, the Czech Minister of Agriculture, said that his country had always preferred a joint solution within the EU as a whole. What is key is that the European Commission is “actively negotiating with the Ukrainian side”, he commented.
The Commission must ensure that the Internal Market works again, agreed Austrian Minister Norbert Totschnig. “Going it alone leads to distortions”, he said.
Poland defends import ban
For his part, the Polish Minister for Agriculture, Robert Telus, defended his country’s position. He highlighted the large volumes of Ukrainian grains that have passed through the five Member States in recent months, despite the safeguard measure.
“We are saddened and concerned that the Commission has decided to lift the ban without considering the substantive arguments. This is a purely political decision”, he declared on the social network X (formerly Twitter).
We need to show solidarity with the countries affected by the influx of Ukrainian agricultural products onto their soil, said French Agriculture Minister Marc Fesneau, citing the example of Ukrainian poultry in France. Mr Fesneau called for measures to provide an overall view of the products transported via solidarity routes and for proposals not just for the short and medium term, but also for the long term. (Original version in French by Léa Marchal and Lionel Changeur)