Contents
THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 31 thereof,Having regard to the proposal from the European Commission,Whereas:
(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 2658/87note should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1#
Annex I to Regulation (EEC) No 2658/87 is amended in accordance with the Annex to this Regulation.
Article 2#
This Regulation shall enter into force on 1 July 2024. This Regulation shall be binding in its entirety and directly applicable in all Member States.
In Part Two of Annex I to Regulation (EEC) No 2658/87, for the Combined Nomenclature (CN) codes corresponding to the CN codes listed in column 1 of the following table, the text and footnotes in column 3 of the schedule of customs duties are replaced by the text and footnotes in column 3 of the following table:
| CN code | Description | Conventional rate of duty (%) |
|---|---|---|
| 1 | 2 | 3 |
| 07 | Edible vegetables and certain roots and tubers | |
| 0713 | Dried leguminous vegetables, shelled, whether or not skinned or split: | |
| 071310 | -Peas (Pisum sativum): | |
| 07131010 | - -For sowing | Freenote |
| 07131090 | - -Other | Freenote |
| 07132000 | -Chickpeas (garbanzos) | Freenote |
| 10 | Cereals | |
| 1001 | Wheat and meslin: | |
| -Durum wheat: | ||
| 10011100 | - -Seed | 148 €/tnotenote |
| 10011900 | - -Other | 148 €/tnotenotenote |
| -Other: | ||
| 100191 | - -Seed: | |
| 10019110 | - - -Speltnote | 12,8note |
| 10019120 | - - -Common wheat and meslin | 95 €/tnotenote |
| 10019190 | - - -Other | 95 €/t |
| 10019900 | - -Other | 95 €/tnotenotenote |
| 1002 | Rye: | |
| 10021000 | -Seed | 93 €/tnotenote |
| 10029000 | -Other | 93 €/tnotenote |
| 1003 | Barley: | |
| 10031000 | -Seed | 93 €/tnote |
| 10039000 | -Other | 93 €/tnote |
| 1005 | Maize (corn): | |
| 100510 | -Seed: | |
| - -Hybridnote: | ||
| 10051013 | - - -Three-cross hybrids | Freenote |
| 10051015 | - - -Simple hybrids | Freenote |
| 10051018 | - - -Other | Freenote |
| 10051090 | - -Other | 94 €/tnotenotenote |
| 10059000 | -Other | 94 €/tnotenotenote |
| 1007 | Grain sorghum: | |
| 100710 | -Seed: | |
| 10071010 | - -Hybridsnote | 6,4note |
| 10071090 | - -Other | 94 €/tnotenotenote |
| 10079000 | -Other | 94 €/tnotenotenote |
| 1008 | Buckwheat, millet and canary seed; other cereals: | |
| 10081000 | -Buckwheat | 37 €/tnote |
| -Millet: | ||
| 10082100 | - -Seed | 56 €/tnotenote |
| 10082900 | - -Other | 56 €/tnotenote |
| 10083000 | -Canary seed | Freenote |
| 10084000 | -Fonio (Digitaria spp.) | 37 €/tnote |
| 10085000 | -Quinoa (Chenopodium quinoa) | 37 €/tnote |
| 10089000 | -Other cereals | 37 €/tnote |
| 11 | Products of the milling industry; malt; starches; inulin; wheat gluten | note |
| 1106 | Flour, meal and powder of the dried leguminous vegetables of heading 0713, of sago or of roots or tubers of heading 0714 or of the products of Chapter 8: | |
| 11061000 | -Of the dried leguminous vegetables of heading 0713 | 7,7note |
| 12 | Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder | |
| 1201 | Soya beans, whether or not broken: | |
| 12011000 | -Seednote | Freenote |
| 12019000 | -Other | Freenote |
| 1202 | Groundnuts, not roasted or otherwise cooked, whether or not shelled or broken: | |
| 12023000 | -Seednote | Freenote |
| -Other: | ||
| 12024100 | - -In shell | Freenote |
| 12024200 | - -Shelled, whether or not broken | Freenote |
| 12030000 | Copra | Freenote |
| 120400 | Linseed, whether or not broken: | |
| 12040010 | -For sowingnote | Freenote |
| 12040090 | -Other | Freenote |
| 1205 | Rape or colza seeds, whether or not broken: | |
| 120510 | -Low erucic acid rape or colza seeds: | |
| 12051010 | - -For sowingnote | Freenote |
| 12051090 | - -Other | Freenote |
| 12059000 | -Other | Freenote |
| 120600 | Sunflower seeds, whether or not broken: | |
| 12060010 | -For sowingnote | Freenote |
| -Other: | ||
| 12060091 | - -Shelled; in grey-and-white-striped shell | Freenote |
| 12060099 | - -Other | Freenote |
| 1207 | Other oil seeds and oleaginous fruits, whether or not broken: | |
| 12071000 | -Palm nuts and kernels | Freenote |
| -Cotton seeds: | ||
| 12072100 | - -Seednote | Freenote |
| 12072900 | - -Other | Freenote |
| 12073000 | -Castor oil seeds | Freenote |
| 120740 | -Sesamum seeds: | |
| 12074010 | - -Seednote | Freenote |
| 12074090 | - -Other | Freenote |
| 120750 | -Mustard seeds: | |
| 12075010 | - -Seednote | Freenote |
| 12075090 | - -Other | Freenote |
| 12076000 | -Safflower (Carthamus tinctorius) seeds | Freenote |
| 12077000 | -Melon seeds | Freenote |
| -Other: | ||
| 120791 | - -Poppy seeds: | |
| 12079110 | - - -Seednote | Freenote |
| 12079190 | - - -Other | Freenote |
| 120799 | - -Other: | |
| 12079920 | - - -Seednote | Freenote |
| - - -Other: | ||
| 12079991 | - - - -Hemp seeds | Freenote |
| 12079996 | - - - -Other | Freenote |
| 1208 | Flours and meals of oil seeds or oleaginous fruits, other than those of mustard: | |
| 12081000 | -Of soya beans | 4,5note |
| 12089000 | -Other | Freenote |
| 14 | Vegetable plaiting materials; vegetable products not elsewhere specified or included | |
| 1404 | Vegetable products not elsewhere specified or included: | |
| 14049000 | -Other | Freenote |
| 15 | Animal, vegetable or microbial fats and oils and their cleavage products; prepared edible fats, animal or vegetable waxes | |
| 1507 | Soya-bean oil and its fractions, whether or not refined, but not chemically modified: | |
| 150710 | -Crude oil, whether or not degummed: | |
| 15071010 | - -For technical or industrial uses other than the manufacture of foodstuffs for human consumptionnote | 3,2note |
| 15071090 | - -Other | 6,4note |
| 150790 | -Other: | |
| 15079010 | - -For technical or industrial uses other than the manufacture of foodstuffs for human consumptionnote | 5,1note |
| 15079090 | - -Other | 9,6note |
| 1508 | Groundnut oil and its fractions, whether or not refined, but not chemically modified: | |
| 150810 | -Crude oil: | |
| 15081010 | - -For technical or industrial uses other than the manufacture of foodstuffs for human consumptionnote | Freenote |
| 15081090 | - -Other | 6,4note |
| 150890 | -Other: | |
| 15089010 | - -For technical or industrial uses other than the manufacture of foodstuffs for human consumptionnote | 5,1note |
| 15089090 | - -Other | 9,6note |
| 1512 | Sunflower-seed, safflower or cotton-seed oil and fractions thereof, whether or not refined, but not chemically modified: | |
| -Sunflower-seed or safflower oil and fractions thereof: | ||
| 151211 | - -Crude oil: | |
| 15121110 | - - -For technical or industrial uses other than the manufacture of foodstuffs for human consumptionnote | 3,2note |
| - - -Other: | ||
| 15121191 | - - - -Sunflower-seed oil | 6,4note |
| 15121199 | - - - -Safflower oil | 6,4note |
| 151219 | - -Other: | |
| 15121910 | - - -For technical or industrial uses other than the manufacture of foodstuffs for human consumptionnote | 5,1note |
| 15121990 | - - -Other | 9,6note |
| -Cotton-seed oil and its fractions: | ||
| 151221 | - -Crude oil, whether or not gossypol has been removed: | |
| 15122110 | - - -For technical or industrial uses other than the manufacture of foodstuffs for human consumptionnote | 3,2note |
| 15122190 | - - -Other | 6,4note |
| 151229 | - -Other: | |
| 15122910 | - - -For technical or industrial uses other than the manufacture of foodstuffs for human consumptionnote | 5,1note |
| 15122990 | - - -Other | 9,6note |
| 1514 | Rape, colza or mustard oil and fractions thereof, whether or not refined, but not chemically modified: | |
| -Low-erucic-acid rape or colza oil and its fractions: | ||
| 151411 | - -Crude oil: | |
| 15141110 | - - -For technical or industrial uses other than the manufacture of foodstuffs for human consumptionnote | 3,2note |
| 15141190 | - - -Other | 6,4note |
| 151419 | - -Other: | |
| 15141910 | - - -For technical or industrial uses other than the manufacture of foodstuffs for human consumptionnote | 5,1note |
| 15141990 | - - -Other | 9,6note |
| -Other: | ||
| 151491 | - -Crude oil: | |
| 15149110 | - - -For technical or industrial uses other than the manufacture of foodstuffs for human consumptionnote | 3,2note |
| 15149190 | - - -Other | 6,4note |
| 151499 | - -Other: | |
| 15149910 | - - -For technical or industrial uses other than the manufacture of foodstuffs for human consumptionnote | 5,1note |
| 15149990 | - - -Other | 9,6note |
| 1515 | Other fixed vegetable or microbial fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified: | |
| -Linseed oil and its fractions: | ||
| 15151100 | - -Crude oil | 3,2note |
| 151519 | - -Other: | |
| 15151910 | - - -For technical or industrial uses other than the manufacture of foodstuffs for human consumptionnote | 5,1note |
| 15151990 | - - -Other | 9,6note |
| -Maize (corn) oil and its fractions: | ||
| 151521 | - -Crude oil: | |
| 15152110 | - - -For technical or industrial uses other than the manufacture of foodstuffs for human consumptionnote | 3,2note |
| 15152190 | - - -Other | 6,4note |
| 151529 | - -Other: | |
| 15152910 | - - -For technical or industrial uses other than the manufacture of foodstuffs for human consumptionnote | 5,1note |
| 15152990 | - - -Other | 9,6note |
| 151590 | -Other: | |
| - -Other oils and their fractions: | ||
| - - -Crude oils: | ||
| 15159040 | - - - -For technical or industrial uses other than the manufacture of foodstuffs for human consumptionnote | 3,2note |
| - - - -Other: | ||
| 15159051 | - - - - -Solid, in immediate packings of a net content not exceeding 1 kg | 12,8note |
| 15159059 | - - - - -Solid, other; fluid | 6,4note |
| - - -Other: | ||
| 15159060 | - - - -For technical or industrial uses other than the manufacture of foodstuffs for human consumptionnote | 5,1note |
| - - - -Other: | ||
| 15159091 | - - - - -Solid, in immediate packings of a net content not exceeding 1 kg | 12,8note |
| 15159099 | - - - - -Solid, other; fluid | 9,6note |
| 1516 | Animal, vegetable or microbial fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared: | |
| 151620 | -Vegetable fats and oils and their fractions: | |
| - -Other: | ||
| 15162091 | - - -In immediate packings of a net content not exceeding 1 kg | 12,8note |
| - - -Other: | ||
| 15162095 | - - - -Colza, linseed, rapeseed, sunflower-seed, illipe, karite, makore, touloucouna or babassu oils, for technical or industrial uses other than the manufacture of foodstuffs for human consumptionnote | 5,1note |
| - - - -Other: | ||
| 15162096 | - - - - -Groundnut, cotton-seed, soya-bean or sunflower-seed oils; other oils containing less than 50 % by weight of free fatty acids and excluding palm kernel, illipe, coconut, colza, rapeseed or copaiba oils | 9,6note |
| 15162098 | - - - - -Other | 10,9note |
| 151800 | Animal, vegetable or microbial fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 1516; inedible mixtures or preparations of animal, vegetable or microbial fats or oils or of fractions of different fats or oils of this chapter, not elsewhere specified or included: | |
| -Fixed vegetable oils, fluid, mixed, for technical or industrial uses other than the manufacture of foodstuffs for human consumptionnote: | ||
| 15180031 | - -Crude | 3,2note |
| 15180039 | - -Other | 5,1note |
| -Other | ||
| 15180091 | - -Animal, vegetable or microbial fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 1516 | 7,7note |
| - -Other: | ||
| 15180095 | - - -Inedible mixtures or preparations of animal, or of animal and vegetable or microbial fats and oils and their fractions | 2note |
| 15180099 | - - -Other | 7,7note |
| 23 | Residues and waste from the food industries; prepared animal fodder | |
| 2302 | Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals or of leguminous plants: | |
| 230230 | -Of wheat: | |
| 23023010 | - -Of which the starch content does not exceed 28 % by weight, and of which the proportion that passes through a sieve with an aperture of 0,2 mm does not exceed 10 % by weight or alternatively the proportion that passes through the sieve has an ash content, calculated on the dry product, equal to or more than 1,5 % by weight | 44 €/tnotenote |
| 23023090 | - -Other | 89 €/tnote |
| 230240 | -Of other cereals: | |
| - -Other: | ||
| 23024010 | - - -Of which the starch content does not exceed 28 % by weight, and of which the proportion that passes through a sieve with an aperture of 0,2 mm does not exceed 10 % by weight or alternatively the proportion that passes through the sieve has an ash content, calculated on the dry product, equal to or more than 1,5 % by weight | 44 €/tnotenote |
| 23024090 | - - -Other | 89 €/tnote |
| 2303 | Residues of starch manufacture and similar residues, beet-pulp, bagasse and other waste of sugar manufacture, brewing or distilling dregs and waste, whether or not in the form of pellets: | |
| 230310 | -Residues of starch manufacture and similar residues: | |
| - -Residues from the manufacture of starch from maize (excluding concentrated steeping liquors), of a protein content, calculated on the dry product: | ||
| 23031011 | - - -Exceeding 40 % by weight | 320 €/tnote |
| 23031019 | - - -Not exceeding 40 % by weight | Freenote |
| 23031090 | - -Other | Freenote |
| 230320 | -Beet-pulp, bagasse and other waste of sugar manufacture: | |
| 23032010 | - -Beet-pulp | Freenote |
| 23032090 | - -Other | Freenote |
| 23033000 | -Brewing or distilling dregs and waste | Freenote |
| 23040000 | Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya-bean oil | Freenote |
| 23050000 | Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil | Freenote |
| 2306 | Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of vegetable or microbial fats or oils, other than those of heading 2304 or 2305: | |
| 23061000 | -Of cotton seeds | Freenote |
| 23062000 | -Of linseed | Freenote |
| 23063000 | -Of sunflower seeds | Freenote |
| -Of rape or colza seeds: | ||
| 23064100 | - -Of low erucic acid rape or colza seeds | Freenote |
| 23064900 | - -Other | Freenote |
| 23065000 | -Of coconut or copra | Freenote |
| 23066000 | -Of palm nuts or kernels | Freenote |
| 230690 | -Other: | |
| 23069005 | - -Of maize (corn) germ | Freenote |
| - -Other: | ||
| 23069090 | - - -Other | Freenote |
| 230800 | Vegetable materials and vegetable waste, vegetable residues and by-products, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included: | |
| 23080090 | -Other | 1,6note |
| 2309 | Preparations of a kind used in animal feeding: | |
| 230990 | -Other: | |
| 23099020 | - -Products referred to in additional note 5 to this chapter | Freenote |
| - -Other, including premixes: | ||
| - - -Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 50, 1702 30 90, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products: | ||
| - - - -Containing starch, glucose, glucose syrup, maltodextrine or maltodextrin syrup: | ||
| - - - - -Containing no starch or containing 10 % or less by weight of starch: | ||
| 23099031 | - - - - - -Containing no milk products or containing less than 10 % by weight of such products | 23 €/tnotenote |
| - - - - -Containing more than 10 % but not more than 30 % by weight of starch: | ||
| 23099041 | - - - - - -Containing no milk products or containing less than 10 % by weight of such products | 55 €/tnotenote |
| - - - - -Containing more than 30 % by weight of starch: | ||
| 23099051 | - - - - - -Containing no milk products or containing less than 10 % by weight of such products | 102 €/tnotenote |
| - - -Other | ||
| 23099091 | - - - -Beet-pulp with added molasses | 12note |
| 23099096 | - - - -Other | 9,6note |
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.