On September 15, 2023 the European Union lifted the ban on the import of certain groups of agricultural goods from Ukraine, introduced by the Implementing Regulations of the European Commission dated May 02, 2023 № 2023/903 and dated June 06, 2023 № 2023/1100.
At the same time, on September 15, 2023, the Slovak Republic, the Republic of Poland and Hungary extended the ban on the import of agricultural goods from Ukraine.
As a result of such actions, Ukrainian exporters have already suffered and continue to suffer significant losses due to downtime, additional costs, the impossibility to fulfill foreign economic agreements, etc.
Considering in such actions of the EU listed countries a violation of their international obligations, a subject of foreign economic activity of Ukraine sent a request to the Ministry of Economy to conduct an investigation with the aim to establish the facts of discriminatory and/or unfriendly actions from the certain EU countries to Ukraine.
For reference: on June 4, 2022, the Regulation of the European Parliament and the Council No. 2022/870 on temporary measures to liberalize trade with Ukraine entered into force, which temporarily suspended the effect of customs duties, quotas and some other measures on agricultural products.
Likewise, unilateral actions of EU member states in the sphere of trade are unacceptable, and all member states of the bloc must coordinate and agree on trade policy within the EU.
According to the paragraph 5 of Article 29 of the Law of Ukraine “On Foreign Economic Activity”, in order to establish the facts of discriminatory and/or unfriendly actions of other states, customs unions or economic groups, the central body of executive power, which ensures the formation and implementation of state policy in the field of economic development, conducts an appropriate investigation in accordance with the procedure determined by the Cabinet of Ministers of Ukraine.
In accordance with the Procedure for conducting investigations with the aim of establishing facts of discriminatory and/or unfriendly actions by other states, customs unions or economic groups regarding the legal rights and interests of subjects of foreign economic activity of Ukraine, approved by the Resolution of the Cabinet of Ministers of Ukraine of November 22, 1999 No. 2120, actions that lead to a deterioration/worsening in the position of subjects of foreign economic activity of Ukraine compared to foreign economic subjects and limit their legal rights and interests are considered discriminatory.
In accordance with the established procedure, the Ministry of Economy will analyze the submitted materials and evidence in order to establish the fact(s) of discriminatory actions, causing damage or creating a threat of causing it to the state and/or subjects of foreign economic activity of Ukraine, and based on the result, the corresponding conclusion will be considered by the Interdepartmental Commission with of international trade to make a decision on the presence or absence of the fact (facts) of discriminatory actions.
In the case of establishing the fact(s) of discriminatory actions, adequate measures may be applied in response to such actions, in particular, the introduction of a special customs duty, the introduction of a licensing regime for foreign economic operations, the establishment of quotas and other measures provided for by the laws and international treaties of Ukraine.
The Ministry of Economy makes every effort to protect the rights and interests of subjects of foreign economic activity in the trade and economic sphere within the framework of international agreements of Ukraine, and is ready to take constructive steps to resolve this issue as soon as possible.