Considerations on COM(2024)148 - - Main contents
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| dossier | COM(2024)148 - . |
|---|---|
| document | COM(2024)148 |
| date | March 22, 2024 |
(2) At present the Russian Federation remains a relatively small supplier of cereals, oilseeds and their derived products to the Union market. However, the Russian Federation is a leading world-wide producer and exporter of cereals, oilseeds and derived products. Given its current volumes of exports to the world, the Russian Federation could easily and quickly reorient significant volumes of supplies to the EU, causing a sudden inflow of products from its large existing stocks, thereby disrupting the Union’s cereals, oilseeds and derived products markets. Moreover, there is evidence that the Russian Federation is currently illegally appropriating large portions of cereals and oilseeds produced in territories of Ukraine, which it illegally occupies and is 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 and they differ widely. Depending on the product, 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 from the Russian Federation from continuing to enter the Union market on terms that are equally favourable to those applied to those products from other non-preferential origins. Those tariff measures are expected to contribute to preventing the Russian Federation from using its exports of cereals, oilseeds and derived products to the Union to politically and economically weaken it by directing significant quantities of the products in question towards the Union, thereby disturbing the Union market for those products, creating societal tensions and frictions within the Union and threatening the proper functioning of the Customs Union. Such threats should be considered under Article 32(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) The same 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 from being diverted through the Republic of Belarus, given its close political and economic ties with Russia, should the EU tariffs on imports of relevant goods from the Republic of Belarus remain unchanged.
(6) Accordingly, imports of cereals, oilseeds and derived products originating in or exported from the Russian Federation and 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.
(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 products originating in or exported from the Russian Federation or the Republic of Belarus into the Union.
(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; to the contrary, the increase in Union import duties may lead to the exportation of those products to third countries and increase the availability of supplies.
(9) The 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. The state of relations between the Union and the Russian Federation has developed very negatively over the past years, with a particular deterioration during the last two years given 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, the Union is relieved, by virtue of the exceptions that apply under the Agreement Establishing the World Trade Organization, and in particular Article XXI of the GATT 1994 (security exemptions), 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 over the past years, because of the regime’s disregard for international law, fundamental freedoms and human rights and its support of the Russian military 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 the World Trade Organization, the Union is not obliged, by virtue of the Agreement Establishing the World Trade Organization, 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 from the Russian Federation and the Republic of Belarus do not disturb the EU market for those products and 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) of the Treaty on European Union.