1Council Regulation (EU) 2024/1652 of 30 May 2024 amending Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

Council Regulation (EU) 2024/1652 of 30 May 2024 amending Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff 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 2658/87 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1). 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. Done at Brussels, 30 May 2024. For the Council The President H. Lahbib

Annex

ANNEX 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: The Union undertakes to apply, except for products originating in or exported directly or indirectly from the Russian Federation or the Republic of Belarus, a duty at such a level and in such a manner that the duty-paid import price for such cereals shall not be greater than the effective intervention price (or in the event of a modification of the current system, the effective support price) increased by 55 %. The duty applied shall not in any case exceed the duty shown in column 3, for the cereals of the following headings: ex1001 wheat, 1002 rye, ex1005 maize, except hybrid seed, and ex1007 sorghum, except hybrids for sowing. WTO tariff quota. This quota is not applicable to products originating in or exported directly or indirectly from the Russian Federation and the Republic of Belarus. Entry under this subheading is subject to the conditions laid down in section II, paragraph F, of the preliminary provisions. Customs duty rate applicable to products originating in or exported directly or indirectly from the Russian Federation and the Republic of Belarus. Customs duty applicable, except for products originating in or exported directly or indirectly from the Russian Federation and the Republic of Belarus, where a rate of EUR 95/t applies.

Customs duty applicable, except for products originating in or exported directly or indirectly from the Russian Federation and the Republic of Belarus, where an ad valorem duty rate of 50 % applies. Entry under this subheading is subject to the conditions laid down in the relevant provisions of the Union (see Article 254 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (OJ L 269, 10.10.2013, p. 1)). Customs duty applicable, except for products originating in or exported directly or indirectly from the Russian Federation and the Republic of Belarus, where an ad valorem duty rate of 10 % applies until 31 December 2024, an ad valorem duty rate of 20 % applies from 1 January 2025 until 31 December 2025 and an ad valorem duty rate of 50 % applies from 1 January 2026. CN codeDescriptionConventional rate of duty (%)12307Edible vegetables and certain roots and tubers0713Dried leguminous vegetables, shelled, whether or not skinned or split:071310

Peas (Pisum sativum): 07131010

• - For sowing Free07131090

Other Free07132000

Chickpeas (garbanzos) Free10Cereals1001Wheat and meslin:

Durum wheat: 10011100

• - Seed 148 €/t10011900

Other 148 €/t

Other: 100191

• - Seed: 10019110

Spelt 12,810019120

Common wheat and meslin 95 €/t10019190

Other 95 €/t10019900

• - Other 95 €/t1002Rye:10021000

Seed 93 €/t10029000

Other 93 €/t1003Barley: 10031000

Seed 93 €/t10039000

Other 93 €/t1005Maize (corn):100510

Seed:

• - Hybrid: 10051013

Three-cross hybrids Free10051015

Simple hybrids Free10051018

Other Free10051090

• - Other 94 €/t10059000

Other 94 €/t1007Grain sorghum:100710

Seed: 10071010

• - Hybrids 6,410071090

Other 94 €/t10079000

Other 94 €/t1008Buckwheat, millet and canary seed; other cereals:10081000

Buckwheat 37 €/t

Millet: 10082100

• - Seed 56 €/t10082900

Other 56 €/t10083000

Canary seed Free10084000

Fonio (Digitaria spp.) 37 €/t10085000

Quinoa (Chenopodium quinoa) 37 €/t10089000

Other cereals 37 €/t 11Products of the milling industry; malt; starches; inulin; wheat gluten1106Flour, 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 7,712Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder1201Soya beans, whether or not broken:12011000

Seed Free12019000

Other Free1202Groundnuts, not roasted or otherwise cooked, whether or not shelled or broken:12023000

Seed Free

Other: 12024100

• - In shell Free12024200

Shelled, whether or not broken Free12030000CopraFree120400Linseed, whether or not broken:12040010

For sowing Free12040090

Other Free1205Rape or colza seeds, whether or not broken:120510

Low erucic acid rape or colza seeds: 12051010

• - For sowing Free12051090

Other Free12059000

Other Free120600Sunflower seeds, whether or not broken:12060010

For sowing Free

Other: 12060091

• - Shelled; in grey-and-white-striped shell Free12060099

Other Free1207Other oil seeds and oleaginous fruits, whether or not broken:12071000

Palm nuts and kernels Free

Cotton seeds: 12072100

• - Seed Free12072900

Other Free12073000

Castor oil seeds Free120740

Sesamum seeds: 12074010

• - Seed Free12074090

Other Free120750

Mustard seeds: 12075010

• - Seed Free12075090

Other Free12076000

Safflower (Carthamus tinctorius) seeds Free12077000

Melon seeds Free

Other: 120791

• - Poppy seeds: 12079110

Seed Free12079190

Other Free120799

• - Other: 12079920

Seed Free

Other: 12079991

Hemp seeds Free12079996

Other Free1208Flours and meals of oil seeds or oleaginous fruits, other than those of mustard:12081000

Of soya beans 4,512089000

Other Free14Vegetable plaiting materials; vegetable products not elsewhere specified or included1404Vegetable products not elsewhere specified or included:14049000

Other Free15Animal, vegetable or microbial fats and oils and their cleavage products; prepared edible fats, animal or vegetable waxes1507Soya-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 consumption 3,215071090

Other 6,4150790

Other: 15079010

• - For technical or industrial uses other than the manufacture of foodstuffs for human consumption 5,115079090

Other 9,61508Groundnut 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 consumption Free15081090

Other 6,4150890

Other: 15089010

• - For technical or industrial uses other than the manufacture of foodstuffs for human consumption 5,115089090

Other 9,61512Sunflower-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 consumption 3,2

Other: 15121191

Sunflower-seed oil 6,415121199

Safflower oil 6,4151219

• - Other: 15121910

For technical or industrial uses other than the manufacture of foodstuffs for human consumption 5,115121990

Other 9,6

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 consumption 3,215122190

Other 6,4151229

• - Other: 15122910

For technical or industrial uses other than the manufacture of foodstuffs for human consumption 5,115122990

Other 9,61514Rape, 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 consumption 3,215141190

Other 6,4151419

• - Other: 15141910

For technical or industrial uses other than the manufacture of foodstuffs for human consumption 5,115141990

Other 9,6

Other: 151491

• - Crude oil: 15149110

For technical or industrial uses other than the manufacture of foodstuffs for human consumption 3,215149190

Other 6,4151499

• - Other: 15149910

For technical or industrial uses other than the manufacture of foodstuffs for human consumption 5,115149990

Other 9,61515Other 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 3,2151519

Other: 15151910

For technical or industrial uses other than the manufacture of foodstuffs for human consumption 5,115151990

Other 9,6

Maize (corn) oil and its fractions: 151521

• - Crude oil: 15152110

For technical or industrial uses other than the manufacture of foodstuffs for human consumption 3,2 15152190

Other 6,4151529

• - Other: 15152910

For technical or industrial uses other than the manufacture of foodstuffs for human consumption 5,115152990

Other 9,6151590

Other:

• - Other oils and their fractions:

Crude oils: 15159040

For technical or industrial uses other than the manufacture of foodstuffs for human consumption 3,2

Other: 15159051

Solid, in immediate packings of a net content not exceeding 1 kg 12,815159059

Solid, other; fluid 6,4

Other: 15159060

For technical or industrial uses other than the manufacture of foodstuffs for human consumption 5,1

Other: 15159091

Solid, in immediate packings of a net content not exceeding 1 kg 12,815159099

Solid, other; fluid 9,61516Animal, 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 12,8

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 consumption 5,1

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 9,615162098

Other 10,9151800Animal, 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 consumption: 15180031

• - Crude 3,215180039

Other 5,1

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 7,7

Other: 15180095

Inedible mixtures or preparations of animal, or of animal and vegetable or microbial fats and oils and their fractions 215180099

Other 7,723Residues and waste from the food industries; prepared animal fodder2302Bran, 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 €/t23023090

Other 89 €/t230240

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 €/t23024090

Other 89 €/t2303Residues 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 €/t23031019

Not exceeding 40 % by weight Free23031090

• - Other Free230320

Beet-pulp, bagasse and other waste of sugar manufacture: 23032010

• - Beet-pulp Free23032090

Other Free23033000

Brewing or distilling dregs and waste Free23040000Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya-bean oilFree23050000Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oilFree 2306Oilcake 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 Free23062000

Of linseed Free23063000

Of sunflower seeds Free

Of rape or colza seeds: 23064100

• - Of low erucic acid rape or colza seeds Free23064900

Other Free23065000

Of coconut or copra Free23066000

Of palm nuts or kernels Free230690

Other: 23069005

• - Of maize (corn) germ Free

Other: 23069090

Other Free230800Vegetable 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 1,62309Preparations of a kind used in animal feeding:230990

Other: 23099020

• - Products referred to in additional note 5 to this chapter Free

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 €/t

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 €/t

Containing more than 30 % by weight of starch: 23099051

Containing no milk products or containing less than 10 % by weight of such products 102 €/t

Other 23099091

Beet-pulp with added molasses 1223099096

Other 9,6