Commission Implementing Regulation (EU) 2025/1564

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) No 654/2014 of the European Parliament and of the Council of 15 May 2014 concerning the exercise of the Union's rights for the application and enforcement of international trade rules and amending Council Regulation (EC) No 3286/94 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organization^note, and in particular Article 4(1) and Article 7(3) thereof,Whereas:

(1)On 8 March 2018 the United States of America (‘the United States’) introduced, on the basis of Section 232 of the United States’ Trade Expansion Act of 1962, tariffs at a level of 25 % and 10 % ad valorem on imports of certain steel and aluminium products, respectively, effective from 23 March 2018 and with an unlimited duration. After two deferrals of the effective date of application with respect to the Union, on 1 June 2018, the tariffs became effective with respect to imports originating in the Union, with an unlimited duration (‘the 2018 steel and aluminium safeguard measures’). The United States subsequently modified or suspended part of those measures.

(2)On 24 January 2020, the United States introduced, on the basis of Section 232 of the United States’ Trade Expansion Act of 1962, tariffs at a level of 25 % and 10 % ad valorem on imports of certain derivative aluminium products and certain derivative steel products, respectively, effective from 8 February 2020, including with respect to the Union, with an unlimited duration (‘the 2020 steel and aluminium safeguard measures’). The United States subsequently suspended those measures.

(3)On 10 February 2025, the United States adjusted, on the basis of Section 232 of the United States’ Trade Expansion Act of 1962, the tariffs on imports into the United States of steel and aluminium products and steel and aluminium derivative products, originating inter alia in the Union, referred to in recitals (1) and (2), with effect from 12 March 2025^note, with an unlimited duration, by introducing or reintroducing:

(a)the 2018 and 2020 steel and aluminium safeguard measures in the form of additional customs duties on imports of steel and aluminium products and steel and aluminium derivative products originating inter alia in the Union, at the initial levels of 25 % and 10 % ad valorem, respectively;

(b)an increase in the rate of the 2018 and 2020 steel and aluminium safeguard measures to 25 % ad valorem on imports of aluminium products and aluminium derivative products that were initially subject to 10 % ad valorem and originating inter alia in the Union (‘the extended steel and aluminium safeguard measures’); and

(c)new tariffs at a level of 25 % ad valorem on imports of additional steel and aluminium products and additional steel and aluminium derivative products originating inter alia in the Union (‘the 2025 steel and aluminium safeguard measures’).

(4)On 26 March 2025 the United States introduced, on the basis of Section 232 of the United States’ Trade Expansion Act of 1962, additional duties at a level of 25 % ad valorem on imports of passenger vehicles and light trucks, and on certain automobile parts, effective from 3 April 2025 as regards automobiles and from 3 May 2025 as regards automobile parts, including with respect to the Union, with an unlimited duration (‘the automobile safeguard measures’).

(5)On 4 April 2025 the United States introduced, on the basis of Section 232 of the United States’ Trade Expansion Act of 1962, additional import duties at a level of 25 % ad valorem on the aluminium content of certain beer and empty aluminium cans, effective from 4 April 2025, including with respect to the Union, with an unlimited duration (‘the cans safeguard measures’).

(6)On 2 April 2025 the United States introduced, on the basis of the United States’ International Emergency Economic Powers Act and the National Emergencies Act, additional import duties on a wide range of products as part of its so-called "Reciprocal Tariff Policy", including with respect to the Union, as follows:

(a)a 10% ad valorem duty on all imports into the United States, including from the Union, except those specifically excluded, from 5 April 2025, for an unlimited duration;

(b)a 20% ad valorem duty replacing the 10% ad valorem duty, with respect to the Union, from 9 April 2025, suspended until 9 July 2025, for an unlimited duration (‘the reciprocal tariffs’).^note

(7)On 7 and 11 July 2025 the United States subsequently modified the reciprocal tariffs, with respect to the Union, as follows:

(a)the 20% ad valorem duty replacing the 10% ad valorem duty, was further suspended from 9 July 2025, until 31 July 2025;

(b)a 30% ad valorem duty replaced the 20% ad valorem duty from 1 August 2025, to apply for an unlimited duration^note.

(8)The measures introduced by the United States referred to in recitals (1) to (7) are safeguard measures, falling within the scope of the World Trade Organization (“WTO”) Agreement on Safeguards, because they consist of a departure from the United States’ obligations flowing from the Agreement Establishing the WTO in the form of restrictions on imports for the purpose of protecting domestic industries against competition from imports, for the sake of the domestic industries' growth and commercial prosperity and without determination of dumping or subsidisation within the meaning of anti-dumping or countervailing duties. The United States’ choice of domestic legal basis and the WTO justification advanced for its measures do not detract from the fact that its measures are objectively safeguard measures.

(9)The WTO Agreement on Safeguards gives any exporting WTO Member affected by a safeguard measure the right to suspend the application of substantially equivalent obligations under the General Agreement on Tariffs and Trade (“GATT”) 1994 to the trade of the WTO Member applying the safeguard measure, provided that no satisfactory solution is reached in consultations with that Member and that the WTO Council for Trade in Goods does not disapprove of the suspension. The United States cannot thwart the right of other WTO Members to such suspension of equivalent obligations by refusing to declare its measures as safeguard measures if they are objectively safeguard measures.

(10)No satisfactory solution was found further to the Union’s request for consultations with the United States, as provided for in Article 8 and Article 12.3 of the WTO Agreement on Safeguards^note.

(11)The Union is required to notify the suspension of the application of substantially equivalent obligations in response to the United States’ safeguard measures to the Council for Trade in Goods, and the measures should take effect upon the expiration of 30 days after that notification, unless the Council for Trade in Goods disapproves of the suspension. The Union notified the Council for Trade in Goods as follows:

(a)on 18 May 2018 and 7 April 2020, of the rebalancing in respect of the 2018 and 2020 steel and aluminium safeguard measures^note;

(b)on 15 April 2025, of the rebalancing in respect of the extended steel and aluminium safeguard measures and the 2025 steel and aluminium safeguard measures^note; and

(c)on 27 May 2025, of the rebalancing in respect of the 2025 automobile and cans safeguard measures and the reciprocal tariffs, while reserving the right to supplement the notification in order to further specify its scope^note.

(12)The Union should supplement its notification of 27 May 2025, referred to in recital (11), with the precise scope of the suspension, upon the adoption of this Regulation.

(13)The WTO Agreement on Safeguards allows for the suspension to be exercised either immediately, where the safeguard measure has not been taken as a result of an absolute increase in imports or does not conform to the relevant provisions of the WTO Agreement on Safeguards, or after 3 years from the application of the safeguard measure.

(14)The United States’ safeguard measures do not conform to the WTO Agreement on Safeguards because, among other things, the United States made no determination that the products in question are being imported in such increased quantities as to cause or threaten to cause serious injury to the domestic industry producing the like or directly competitive product. Accordingly, the Union is entitled to suspend substantially equivalent GATT obligations immediately.

(15)The United States' safeguard measures are capable of having and are having a considerable negative economic impact on the Union industries concerned. They significantly limit Union exports of the relevant products to the United States including certain steel and aluminium products and steel and aluminium derivative products, certain passenger vehicles and light trucks, certain automobile parts, certain beer and empty aluminium cans, and wide range of agriculture, fishery and other industrial products. The Union imports of the relevant products into the United States affected by the 2018 and 2020 steel and aluminium safeguard measures, comprising the extended steel and aluminium safeguard measures, are worth around EUR 8 billion in 2024, and those affected by the 2025 steel and aluminium safeguard measures are worth around EUR 18 billion in 2024. The Union exports of the relevant products to the United States affected by the automobile safeguard measures amounted to around EUR 67 billion in 2024, those affected by the cans safeguard measures amounted to around EUR 1 billion in 2024, and those affected by the reciprocal tariffs amounted to around EUR 285 billion in 2024.

(16)Therefore, a suspension of trade obligations of the Union, which reflect and do not exceed the amount that would result from the application of the United States' custom duties to imports of the relevant products originating in the Union, represents an appropriate suspension of the application of substantially equivalent obligations in accordance with the WTO Agreement on Safeguards.

(17)The appropriate action should take the form of commercial rebalancing measures under Regulation (EU) No 654/2014, which should consist of the suspension of tariff concessions and the imposition of new or increased customs duties on imports of selected products originating in the United States into the Union, as well as of the imposition of a prohibition on the export of selected products from the Union to the United States.

(18)In designing and selecting the appropriate measures and their respective dates of application, the Commission applied objective criteria in accordance with Article 4(2), point (c), and Article 4(3) of Regulation (EU) No 654/2014, including as relevant the proportionality of any measures, their potential to provide relief to the Union industries affected by the United States’ safeguard measures, and the aim of minimising negative economic impact on the Union. The Commission provided an opportunity for stakeholders to express their views and submit information regarding the relevant Union's economic interests in accordance with Article 9 of Regulation (EU) No 654/2014 and has taken the input provided into account^note.

(19)The selected rebalancing measures are proportionate to the effect of the United States' safeguard measures and are not excessive, as explained in recitals (22) to (28).

(20)The selected measures have the potential to provide relief to the Union industries affected by the United States' safeguard measures.

(21)The import measures concern products originating in the United States in respect of which the Union is not substantially dependent for its supply. The export restriction measures concern products exported to the United States in respect of which the Union exporters are not substantially dependent on the United States as a destination market. That approach, and the selected dates of application, avoid any negative impact on the various actors on the Union market, including consumers, to the greatest extent possible.

(22)Accordingly, as regards the 2018 steel and aluminium safeguard measures, which the United States has been applying again in full on imports from the Union since 12 March 2025 with unlimited duration, an additional ad valorem duty of 10 % or 25 % on imports of the products specified in Annex I should be applied from 7 August 2025. The total amount of ad valorem duties for this part of the Union rebalancing reflects the United States’ 2018 steel and aluminium safeguard measures in the form of additional customs duties on imports of steel and aluminium products originating inter alia in the Union, at the initial levels of 25 % and 10 % ad valorem, respectively (EUR 1,6 billion total value of theoretically collected duties on Union imports into the United States in 2017).

(23)As regards the 2020 steel and aluminium safeguard measures, which the United States has been applying again in full on imports from the Union since 12 March 2025 with unlimited duration, an additional ad valorem duty of 20%, 7% or 4,4% on imports of the products specified in Annex II should be applied from 7 August 2025. The total amount of ad valorem duties for this part of the Union rebalancing reflects the United States’ 2020 steel and aluminium safeguard measures in the form of additional customs duties on imports of steel and aluminium derivative products originating inter alia in the Union, at the initial levels of 25 % or 10 % ad valorem, respectively (EUR 9 million total value of theoretically collected duties on Union imports into the United States in 2019).

(24)As regards the extended steel and aluminium safeguard measures, which the United States has been applying since 12 March 2025 with unlimited duration, the Union should apply an additional ad valorem customs duty of 25 % on imports of the products specified in Annex III, from 7 August 2025. However, the Union should apply a duty of 0% on imports of certain products specified in Annex III, because they are products on which the United States does not currently apply its safeguard measures. The total amount of ad valorem duties of this part of the Union rebalancing reflects the United States' increased tariffs from 10 % to 25 % ad valorem on imports of aluminium products and aluminium derivative products, originating in the Union (EUR 215 million total value of theoretically collected duties on Union imports into the United States in 2024).

(25)As regards the 2025 steel and aluminium safeguard measures, which the United States has been applying since 12 March 2025 with unlimited duration, the Union should apply an additional ad valorem customs duty of 25 % on imports of the products specified in Annexes IV and V, from 7 August 2025, and from 1 December 2025, respectively. However, the Union should apply a duty of 0% on imports of certain products specified in Annex IV, because they are products on which the United States does not currently apply its safeguard measures. The total amount of ad valorem duties of that part of the Union rebalancing reflects the United States’ 2025 safeguard measures on the imports of additional steel and aluminium products and additional steel and aluminium derivative products from the Union into the United States originating in the Union (EUR 4,5 billion total value of theoretically collected duties on Union imports into the United States in 2024).

(26)As regards the automobile safeguard measures, which the United States has been applying since 3 April 2025 and 3 May 2025, depending on the product, with unlimited duration, the Union should apply an additional ad valorem duty of 0%, 25 % or 30%, respectively, on imports of the products specified in Annex VI and Annex VII, from 7 September 2025. The Union should apply the duty of 0% on imports of certain products specified in Annex VII, because they are products on which the United States does not currently apply its safeguard measures. The total amount of ad valorem duties for this part of the Union rebalancing measures reflects the United States' automobile tariffs in the form of additional customs duties, which amount to around EUR 16.7 billion total value of theoretically collected duties on Union imports into the United States in 2024.

(27)As regards the cans safeguard measures, which the United States has been applying since 4 April 2025, the Union should apply an additional ad valorem customs duty of 25 % on imports of the products specified in Annex VIII, from 7 September 2025. The total amount of ad valorem duties of this part of the Union rebalancing measures reflects the United States' cans tariffs, which amount to around EUR 255 million total value of theoretically collected duties on Union imports into the United States in 2024.

(28)As regards the reciprocal tariffs, which the United States has been applying since 5 April 2025 at a level of 10% ad valorem and at an increased level of 30% ad valorem to be applied from 1 August 2025, the Union should apply an additional ad valorem customs duty of 0%, 7.5%, 10 %, 14.2%, 15% or 30 % on imports of the products listed in Annexes IX to XIII, from 7 September 2025 for Annexes IX, X and XI, and from 7 February 2026 for Annexes XII and XIII. The Union should apply the duty of 0% on imports of certain products specified in Annexes IX and XII, where they are products on which the United States does not currently apply its safeguard measures. The Union should also prohibit the export from the Union to the United States of the products specified in Annex XIV from 7 September 2025. The total amount of ad valorem duties and of export restrictions of this part of the Union rebalancing measures reflects the United States' reciprocal tariffs measures on the imports from the Union into the United States, which amount to around EUR 57.2 billion total value of theoretically collected duties on Union imports into the United States in 2024.

(29)The Union measures should be suspended in respect of imports of products originating in the United States that fall within the scope of Council Regulation (EU) 150/2003^note, given that it is in the interests of the security of the Member States that they are able to procure the most technologically advanced and suitable weapons and military equipment for their military forces without additional cost. That is also in the interests of the Union. In the same vein and under the same conditions, the Union measures should be suspended in respect of imports of the products listed in Annexes VII, X and XIII to this Regulation.

(30)The Commission adopted and amended the rebalancing measures referred to in recital (22) by Commission Implementing Regulations (EU) 2018/724^note, (EU) 2018/886^note and (EU) 2025/778^note. The Commission adopted the rebalancing measures as referred to in recital (23) by Commission Implementing Regulation (EU) 2020/502^note. The Commission adopted the rebalancing measures referred to in recitals (24) to (25) by Commission Implementing Regulation (EU) 2025/778.

(31)The reasons justifying the adoption of Implementing Regulations (EU) 2018/724, (EU) 2018/886, (EU) 2020/502 and (EU) 2025/778 remain unchanged and the rebalancing measures adopted in those Implementing Regulations should remain in place. In the interests of clarity and legal certainly, however, those rebalancing measures, and the new rebalancing measures referred to in recitals (26), (27) and (28), should be consolidated in a single Regulation. In addition, the rebalancing measures responding to the extended steel and aluminium safeguard measures and the 2025 steel and aluminium safeguard measures should be slightly adjusted by this Regulation as explained in recitals (24) and (25), in order to introduce a 0% duty for specified products, which is consistent with the overall approach as regards all the rebalancing measures.

(32)Implementing Regulations (EU) 2018/724, (EU) 2018/886, (EU) 2020/502 and (EU) 2025/778 should therefore be repealed.

(33)The Commission will, if necessary, amend this Regulation to account for any amendment to the United States' safeguard measures.

(34)The measures provided for in this Regulation are in accordance with the opinion of the Trade Barriers Committee,

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