Explanatory Memorandum to COM(2025)107 - Suspension of certain parts of Regulation (EU) 2015/478 as regards imports of Ukrainian products into the EU - Main contents
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| dossier | COM(2025)107 - Suspension of certain parts of Regulation (EU) 2015/478 as regards imports of Ukrainian products into the EU. |
|---|---|
| source | COM(2025)107  |
| date | 07-03-2025 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
Russia’s unprovoked and unjustified full-scale invasion of Ukraine since 24 February 2022 has had a profound negative impact on Ukraine’s ability to trade with the rest of the world. In this difficult context, the European Council underlined in its conclusions of 27 October 2023 and 15 December 2023 (as reconfirmed on 19 December 2024) that it will continue to provide strong political and economic support to Ukraine for as long as it takes.
Ukraine has requested the Union to make it as easy as possible for it to maintain its trade position with the rest of the world and to further deepen its trade relations with the Union. Measures to this end have included market access liberalisation for Ukrainian exports through Regulation (EU) 2022/870 of the European Parliament and of the Council of 30 May 2022 1 and Regulation (EU) 2023/1077 of the European Parliament and of the Council of 31 May 2023 2 on temporary trade-liberalisation measures supplementing trade concessions applicable to Ukrainian products under the EU-Ukraine Association Agreement. Regulation (EU) 2024/1392 entered into force on 6 June 2024 and will remain in force until 5 June 2025 3 . These measures have increased flexibility and certainty for Ukrainian producers.
Ukraine is still a major exporter of iron and steel, despite the fact that the war has caused the destruction or occupation of many production facilities. It therefore remains necessary to maintain the suspension of Regulation (EU) 2015/478 on common rules for imports 4 . This suspension is and would remain the legal basis for the suspension of the Union’s current safeguard measure on steel products (vis-à-vis such imports from Ukraine) as part of the Union’s support.
For this purpose, it is necessary to suspend Articles 2, 4-7, 9-17 and 19-21 of Regulation (EU) 2015/478 on common rules, as far as imports from Ukraine are concerned.
In view of this need to continue to support Ukraine economically, the Commission is proposing a Regulation of the European Parliament and of the Council to suspend the application of Articles 2, 4-7, 9-17 and 19-21 of Regulation (EU) 2015/478 on common rules for imports with respect of imports originating in Ukraine.
• Consistency with existing policy provisions in the policy area
The suspension of Regulation (EU) 2015/478 on common rules for imports would be consistent with the EU’s strong support of Ukraine by means of international trade in the context of Russia’s war of aggression against Ukraine.
• Consistency with other Union policies
The Union has strongly condemned Russia’s war of aggression against Ukraine and has taken unprecedented steps to support Ukraine in this exceptional context. These steps include financial assistance (including macro-financial assistance for emergency measures and reconstruction); the delivery of military equipment; the adoption of extensive sanctions against Russia and Belarus; and the intensification of cooperation under the Association Agreement. In addition, Ukraine was granted EU candidate status in June 2022 and Accession Negotiations were opened in December 2023.
The proposed regulation would therefore comply with and follow on from the Union’s obligation under Article 21(3) of the Treaty on European Union (TEU) to ensure consistency between the different areas of its external action. It would also comply with Article 207(1) of the Treaty on the Functioning of the European Union (TFEU), which requires the common commercial policy to be conducted in the context of the principles and objectives of the Union’s external actions.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis for the proposal is Article 207(2) of the TFEU.
• Subsidiarity (for non-exclusive competence)
The subsidiarity principle does not apply because, in accordance with Article 3(1)(e) of the TFEU, the common commercial policy is an exclusive Union competence.
• Proportionality
This proposal is necessary in order to achieve the objective of supporting Ukraine in its current difficulties economically, including in the area of trade with the Union.
• Choice of the instrument
This proposal is in accordance with Article 207(2) of the TFEU, which envisages common commercial policy measures.
3. RESULTS OF EX POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex post evaluations/fitness checks of existing legislation
Not applicable.
• Stakeholder consultations
Not applicable.
• Collection and use of expertise
Not applicable.
• Impact assessment
In order to ensure the continuation of the trade-liberalisation measures for Ukraine after the expiry of Regulation (EU) 2024/1392 on 5 June 2025, it is necessary for the proposed Regulation to enter into force on 6 June 2025. This urgent need means that there has not been sufficient time to carry out an impact assessment. However, the trade and trade-related provisions of the Association Agreement have been subject to a sustainability impact assessment that the Commission’s Directorate-General for Trade commissioned in 2007 and which fed into the Deep and Comprehensive Free Trade Area (DCFTA) negotiation process. That study confirmed that the implementation of trade and trade-related provisions would have a positive economic impact on the EU as well as on Ukraine.
• Regulatory fitness and simplification
The measure does not increase the regulatory burden on companies.
• Fundamental rights
These measures respect the same basic principles as those enshrined in the Association Agreement between the EU and Ukraine. In particular, Article 2 of the Association Agreement with Ukraine provides that that Agreement’s essential elements are (i) respect for democratic principles, human rights and fundamental freedoms; and (ii) respect for the principle of the rule of law.
The trade-liberalising measures would also be in accordance with the European Charter on Fundamental Rights for three reasons. Firstly, their direct effect is that imports from Ukraine can be subjected to fewer restrictions than would be the case if surveillance and safeguards applied to imports from Ukraine. Secondly, the Union could not thereby fail in its duty to protect fundamental rights under the Charter because the protection of any fundamental rights in question (where necessary) remains possible by other means. Thirdly, as regards the unequal treatment of importers or users of products originating in Ukraine (compared with that of importers or users of products originating in other third countries that are not exempted from surveillance and safeguards), such an unequal treatment is applied in other cases where the Union’s bilateral trade agreements exempt imports from safeguard measures and is a legitimate exercise (including the use of a proper legal basis) of the Union’s common commercial policy for the purpose of closer economic integration.
4. BUDGETARY IMPLICATIONS
Not applicable.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
Not applicable.
• Explanatory documents (for directives)
Not applicable.
• Detailed explanation of the specific provisions of the proposal
Given the economic situation in Ukraine, this proposed Regulation is intended to protect the market access conditions for imports from Ukraine by suspending certain provisions on the surveillance and safeguards in Regulation (EU) 2015/478 on common rules for imports.