Introducing a unilateral ban on sugar imports from Ukraine would be inconsistent with EU treaties, as well as with the rules of the World Trade Organization (WTO) and the EU-Ukraine Association Agreement – informed the Ministry of Agriculture.
- On January 10, the National Council of Agricultural Chambers appealed to the Minister of Agriculture to block the import of sugar and other agri-food products from Ukraine. The chambers, citing the National Association of Sugar Beet Producers, noted that the import quota for sugar from Ukraine was 20,000. t., and after its suspension in the 2022/23 marketing year it increased to 400 thousand. tone.
- Moreover, the Chambers pointed out that sugar is produced in Ukraine without complying with environmental and health standards applicable in the EU.
- KRIR requested that all possible actions be taken urgently at the national level and in the European Commission aimed at introducing an embargo on Ukrainian sugar.
“The introduction of a unilateral ban on the import of sugar from Ukraine without the consent of the European Commission (similar to the ban on the import of wheat, corn, rapeseed, sunflower and certain other products of the cereal and oilseeds sector introduced in September 2023) involves the risk of the European Commission initiating an infringement procedure against Poland. Such a ban would be inconsistent with EU treaties, as well as with the principles of the World Trade Organization (WTO) and the EU-Ukraine Association Agreement, therefore it could also be challenged by individual entities,” we read in the letter of the Ministry of Agriculture and Rural Development signed by the Minister of Agriculture. Czesław Siekierski published on the website of the National Council of Agricultural Chambers.
The ministry pointed out that “in addition, the introduction of a ban on sugar imports may also trigger retaliatory actions (retaliatory measures) on the part of Ukraine in the form of restricting imports from Poland.” It was noted that the retaliations may apply not only to sugar, but also to other goods that are important for our exports to Ukraine (e.g. dairy products).
The Ministry informed that currently, as part of ongoing discussions at the forum of EU institutions regarding the possible extension of autonomous trade measures (ATM) for another year, it is proposed, among others, exclusion of sensitive goods, including sugar, from this regulation.
“If it fails to convince the EC to resign from another extension of the ATM regulation or to exclude the most sensitive goods from it, I am considering applying to the EC to apply the safeguard clause when the ATM regulation enters into force, in order to restore the tariff conditions (TRQ) resulting from the Agreement on EU-Ukraine Association,” wrote Minister Siekierski.
He added that, however, for such an application to have a chance of success, it must be demonstrated not only the fact of an increase in imports, but also the market damage caused by imports (e.g. an increase in stocks or a decrease in prices and incomes). “Therefore, I am asking KRIR to provide, if possible, additional data confirming the damage caused to Polish sugar growers and producers,” Siekierski noted.
Referring to the issue of Ukrainian producers’ failure to comply with environmental and health standards applicable in the EU, MRIRW reported that it “requested that Annex V to the EU-Ukraine DCFTA be supplemented with a list of EU legal acts relating to the use of pesticides.” It was explained that this would result in Ukraine both using plant protection products containing the same active substances authorized in the EU and observing the same scope of their use. As a consequence, equal conditions of competition with goods produced in the EU and subject to the obligation to comply with EU standards, as well as security of supplies of goods originating from Ukraine, would be ensured.
