The European Commission will not recognize unilateral bans on Ukrainian grain exports

Some EU member states do not have powers in the area of common trade policy, and their unilateral decisions regarding Ukraine are subject to legal proceedings by the European Commission (EC). This was stated at a briefing by the European Commission spokesperson Miriam Garcia Ferrer.

“Trade policy falls within the competence of the Union level, and member states cannot take unilateral measures. We are working with the parties (to the dispute over grain exports from Ukraine – ed.) to find a solution,” the European Commission spokesperson said.

She reminded that as a result of such work, Ukraine presented its proposals for resolving the disputed issues of agricultural exports at the coordination platform, which include a system of control and inspections that should start working in the near future.

“The European Commission reserves the right to initiate procedures for violation of EU legislation against countries that impose unilateral bans. But our scenario at this point is to work in a constructive manner, to look for solutions that eliminate the need for measures at the national level,” the EC representative continued.

Answering the question whether the European Commission will participate in the defense of EU countries against which Ukraine has initiated complaints to the World Trade Organization, Ferrer confirmed that this is the EC’s responsibility.

“Since trade policy is the level of the European Union, the European Commission has to represent three countries (Hungary, Poland, Slovakia – ed.) in the WTO. Relevant contacts with these countries have already been established, and this process should continue at the EU level,” the spokeswoman said.

She was asked to explain how the prospect of legal procedures by the European Commission against these countries in response to their unilateral actions could be combined with their protection in the WTO.

She answered that, firstly, these procedures have not yet been initiated, they are potentially possible, but the EC is looking for ways to conclude a settlement agreement. Secondly, the WTO is still at the very first stage of complaints, the stage of consultations between Ukraine and the European Commission, during which the crisis can be resolved without bringing the case to a hearing.

In her opinion, the expectation of a constructive positive decision is confirmed by reports that Ukraine is withdrawing its complaint against Slovakia. Although this situation still needs to be studied, it demonstrates the potential of negotiation tools.

As reported, on September 15, the European Commission refused to extend the temporary ban on imports of Ukrainian wheat, corn, sunflower seeds and rapeseed to five EU countries neighboring Ukraine.

At the same time, the European Commission said in a statement that Ukraine has agreed to introduce certain legal measures (e.g., an export licensing system) within 30 days to avoid sudden spikes in grain exports. Ukraine has to submit a corresponding action plan no later than September 18.

However, Slovakia extended the previous EU ban on imports of four types of grain, Poland introduced additional bans on Ukrainian flour and feed, and Hungary banned 25 more products that were not previously mentioned, including meat.

In response, Ukraine requested consultations with Slovakia, Poland and Hungary in accordance with the rules and procedures for dispute settlement under the Agreement Establishing the World Trade Organization (WTO).

Tags: Bulgaria, grain, EU, Poland, Hungary, Slovakia, restrictions