Considerations on COM(2024)148 - Amendment of Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

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dossier COM(2024)148 - Amendment of Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs ...
document COM(2024)148 EN
date May 30, 2024
 
table>(1)Union imports of cereals, oilseeds and derived products as well as beet-pulp pellets and dried peas have significantly increased since the Russian Federation’s full-scale invasion of Ukraine on 24 February 2022.
(2)While the Russian Federation remains a relatively small supplier of cereals, oilseeds and derived products as well as beet-pulp pellets and dried peas to the Union market, it is a leading worldwide producer and exporter of those products. Given its current volumes of exports to the world, the Russian Federation could easily and quickly reorient significant volumes of supplies of those products to the Union, causing a sudden inflow of products from its large existing stocks, thereby disrupting the Union’s market. Moreover, there is evidence that the Russian Federation is currently illegally appropriating large volumes of cereals and oilseeds produced in territories of Ukraine, which it illegally occupies, and routing them to its export markets as allegedly Russian products.

(3)The Union’s erga omnes common customs duties are the currently applied most-favoured-nation (MFN) tariffs on imports of cereals, oilseeds and derived products as well as beet-pulp pellets and dried peas and they differ widely. Depending on the product concerned, those tariffs are either set at zero or very low, or they are already high and no trade takes place.

(4)It is necessary to take appropriate tariff measures in order to prevent cereals, oilseeds and derived products as well as beet-pulp pellets and dried peas originating in the Russian Federation from continuing to enter the Union market on terms that are equally favourable to those applied when those products have other non-preferential origins. Those appropriate tariff measures are expected to contribute to preventing the Russian Federation from directing significant quantities of those products to the Union to politically and economically weaken it, thereby disturbing the Union market, creating societal tensions and frictions within the Union and threatening the proper functioning of the customs union. That threat has been considered pursuant to Article 32, point (d), of the Treaty on the Functioning of the European Union and, therefore, measures to avoid serious disturbances in the economies of Member States should be taken under Article 31 thereof.

(5)Appropriate tariff measures should be taken simultaneously in respect of the Republic of Belarus in order to prevent imports to the Union from the Russian Federation being diverted through the Republic of Belarus, given its close political and economic ties with Russia, where Union tariffs on imports of relevant goods from the Republic of Belarus remained unchanged.

(6)Accordingly, imports of cereals, oilseeds and derived products as well as beet-pulp pellets and dried peas originating in or exported directly or indirectly from the Russian Federation or the Republic of Belarus should be subject to higher customs duties than imports from other third countries, whenever the currently applicable customs duties are set at zero or are not sufficiently high. Where those products do not originate in or are not exported directly or indirectly from the Russian Federation or the Republic of Belarus, they should not be subject to those higher customs duties, even when they transit through the Russian Federation or the Republic of Belarus.

(7)In addition, the Russian Federation and the Republic of Belarus should not benefit from the Union’s tariff rate quotas on terms of most-favoured-nation treatment. Therefore, the reduced rates set out in the Union’s tariff rate quotas for the products set out in the Annex to this Regulation should not apply to imports into the Union of products originating in or exported directly or indirectly from the Russian Federation or the Republic of Belarus.

(8)The envisaged increase in customs duties is not expected to negatively affect global food security as it would not affect the transit of the products concerned through the Union territory to third countries of final destination. On the contrary, the increase in Union import duties could lead to the exportation of those products to third countries and increase the availability of supplies.

(9)The envisaged increase in customs duties is consistent with the Union’s external action in other areas, as required by Article 21(3) of the Treaty on European Union (TEU). The state of relations between the Union and the Russian Federation has developed very negatively in recent years, with a particular deterioration during the last two years due to the Russian Federation’s blatant disregard for international law and, in particular, its unprovoked and unjustified full-scale invasion of Ukraine. Since July 2014, the Union has progressively imposed restrictive measures against the Russian Federation.

(10)While the Russian Federation is a Member of the World Trade Organization (WTO), the Union is relieved, by virtue of the exceptions that apply under the Agreement Establishing the World Trade Organization (the ‘WTO Agreement’), and in particular Article XXI (Security Exceptions) of the General Agreement on Tariffs and Trade 1994, from the obligation to accord to products imported from the Russian Federation the advantages granted to like products imported from other countries (most-favoured-nation treatment).

(11)The situation between the Union and the Republic of Belarus has also deteriorated in recent years, because of the Belarussian regime’s disregard for international law, including fundamental freedoms and human rights, and its support for Russia’s war of aggression against Ukraine. Since October 2020, the Union has progressively imposed restrictive measures against the Republic of Belarus.

(12)As the Republic of Belarus is not a Member of WTO, the Union is not obliged, by virtue of the WTO Agreement, to accord to products from the Republic of Belarus most-favoured-nation treatment. In addition, existing trade agreements allow actions justified on the basis of applicable exception clauses, in particular security exceptions.

(13)In accordance with the principle of proportionality, it is necessary and appropriate, for the achievement of the basic objective of ensuring that cereals, oilseeds and derived products as well as beet-pulp pellets and dried peas from the Russian Federation and the Republic of Belarus do not disturb the Union market for those products or the proper functioning of the customs union, to lay down rules increasing tariffs on those products with immediate effect. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued in accordance with Article 5(4) TEU.

(14)Annex I to Regulation (EEC) No 2658/87 (1) should therefore be amended accordingly,