Grain Crisis: European Commission Coordinates Objections Filed by Three EU Member States against Ukraine in WTO

Thursday, 21 September 2023

The European Commission is considering whether it should defend Poland, Hungary and Slovakia in the World Trade Organisation (WTO) proceedings initiated by Kyiv, and is working to "coordinate" these countries' legal objections to Kyiv's WTO complaint.

"The European Commission, the bloc’s executive, had initially demanded Poland, Hungary and Slovakia reverse their bans, but is now working to "co-ordinate" their legal rebuttals to Kyiv’s filing of a suit at the World Trade Organisation," rerports Financial Times.

The three countries have imposed unilateral bans on imports of certain Ukrainian products despite the European Commission's decision not to impose restrictions after 15 September.

In a written request to Poland, Hungary and Slovakia on Wednesday, seen by the Financial Times, the European Commission said that in accordance with EU law, it would "act in these WTO proceedings initiated against member states".

"The immediate next step is for the commission to respond to Ukraine on these consultation requests on behalf of all three member states," they added.

A source familiar with the talks said the European Commission had continued discussions on Wednesday evening about whether to protect Poland, Hungary and Slovakia.

The Commission said that member states were "not allowed to take unilateral measures on trade" and that it was "assessing the legally complex situation".

"We are engaging with the concerned [member states] and will seek to work towards a constructive solution, so there would be no need to further pursue this case," the Commission said, adding that it could start its own proceedings to ensure that member states are in compliance with their obligations under EU law and their commitments in the WTO.

Amid the grain crisis, Ukraine proposed that the European Commission and Poland, Hungary, Slovakia, Bulgaria and Romania accept an export control plan for four crop groups – wheat, maize, sunflower and rapeseed – to protect their domestic markets.

Nevertheless, Poland, Slovakia and Hungary announced unilateral restrictions on Ukrainian imports, prompting Ukraine to file a complaint against the three countries within the World Trade Organisation.

Read more: Compromise Not in Kyiv's Interest: What's Behind European Commission's Decision on Ukrainian Grain

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