Verfassungsblog (Apr 2023)

The Ukrainian Grain Imports Saga

  • Peter van Elsuwege

Journal volume & issue
no. 2366-7044

Abstract

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Poland and Hungary, later joined by Bulgaria, Slovakia and Romania, decided to unilaterally halt the imports of grain and other food products from Ukraine to protect their domestic farmers. The European Commission quickly announced that “trade policy is of EU exclusive competence and, therefore, unilateral actions are not acceptable”. At the same, however, the Commission’s spokesperson also considered that it was “too early” to comment on the legal implications of the Member States’ actions. Instead, the Commission adopted a pragmatic approach. It quickly announced a new support package for EU farmers affected by the increased supply of Ukrainian agricultural products and proposed additional measures to ensure the transit of Ukrainian grain exports to destinations outside of the Union. Significantly, it also added that this package “is subject to Member States lifting their unilateral measures”. This creates a very cynical situation, in the sense that an infringement of EU law may be instrumental to reach a better deal.

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