WT/DS620/1  
G/L/1488  
G/AG/GEN/225  
 
21 September 2023  
(23-6285) Page: 1/3 
  Original: English  
 
HUNGARY  – MEASURES CONCERNING AGRICULTURAL PRODUCTS FROM UKRAINE  
REQUEST FOR CONSULTATIONS BY UKRAINE  
The following communication, dated  18 September 2023 , from the delegation of Ukraine  to the 
delegation of Hungary , is circulated to the Dispute Settlement Body in accordance with Article 4.4 
of the DSU.  
 
_______________  
 
 
 
I have been instructed by my authorities to request consultations with Hungary pursuant to 
Article  XXIII of the General Agreement on Tariffs and T rade of 1994 ("GATT 1994"), Article 19 of the 
Agreement on Agriculture, and Article 4 of the Understanding on Rules and Procedures Governing 
the Settlement of Disputes ("DSU") concerning measures of Hungary affecting the importation of 
certain agricultural  products from Ukraine. These measures adversely affect exports that are of key 
significance for Ukraine's economy, at the time when Russia's illegal, unjustifiable, and unprovoked 
war of aggression has had a devastating impact on Ukraine's economy and its  ability to trade with 
other WTO Members.  
Pursuant to Article 4.4 of the DSU, Ukraine describes below the reasons for this request, including 
the identification of the measures at issue and an indication of the legal basis for the complaints.  
I. BACKGROUND TO THE DISPUTE  
On April 18, 2023 Hungary introduced a temporary import ban on various agricultural goods 
originating in Ukraine through Government Decree 130/2 023 (IV. 18.). This temporary measure was 
in effect from April 19, 2023 and applied to 24 four -digit tariff subheadings for the following products: 
meat products, eggs, honey, vegetables, grains (such as wheat, rye, barley, maize, etc), flour, oily 
seeds, sugar and wine. This Decree expired on September 16, 2023.1  
 
These measure s of Hungary was subsequently replaced by import prohibitions at the EU level. In 
particular, on May 2, 2023, the EU Commission decided to prohibit the importation of four categories 
of Ukrainian agricultural products into the Republic of Poland, Hungary, the Slovak Republic, 
Romania, and the Republic of Bulgaria until June 5, 2023, with the possibility of extending this 
measure. This prohibition was introduced through Article 1 of Regulation (EU) 2023/903 of May 2, 
2023, which stated as follows:  
 
Except f or the execution of contracts that were signed before the entry into force of 
this Regulation, the release for free circulation or placing under the customs 
warehousing, free zone or inward processing procedures of the products listed in the 
 
1 This measure applied to common wheat (excluding seed) (ex 1001 99 00), maize (excluding seed) 
(1005 90 00), oil seeds of rape or colza, whether or not broken (excl. seeds) (1205 10 90; ex 1205 90 00), 
and sunflower seeds, whether or not broken (excl. seeds) (1206 00 91, 1206 00 99). See Government Decree 
130/2023 (IV. 18.) of  18 April 2023, including its Annex 1 .  
https://net.jogtar.hu/jogszabaly?docid=A2300130.KOR&dbnum=1&fbclid=IwAR1D YrjZ2MgFZNTeir0eh_
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  Annex to this Regulation originating in Ukraine, shall only be allowed in Member States 
other than Bulgaria, Hungary, Poland, Romania or Slovakia.2  
 
The EU Commission subsequently extended this prohibition until September 15, 2023, through 
Regulation (EU) 2023/1100 of  June 5, 2023.3  
 
The EU's import prohibition is not currently in force. On September 16, 2023, the EU Commission 
concluded that the temporary measures introduced on May 2, 2023 had contributed sufficiently to 
the elimination of the market distortions in the five EU Member States bordering Ukraine. The EU 
authorities thus decided not to extend the measure.4  
 
However, despite the decision of the EU Commission, Hungary announced on September 16, 2023, 
that its own ban on Ukrainian products came into force on September 15, 2023, through the 
Government Decree 430/2023 (IX. 15.) on the amendment of the Government Decree 130/2023 
(IV. 18.) , imposing an import ban on 25 Ukrainian products such as grains, rapeseed and sunflower 
seeds, certain meat products, wheat , rye, barley, corn (and products made of them), vegetables, 
sugar, wine, honey, and eggs ( tariff subheadings 0201 , 0202, 0203, 0204, ex 0207 , 0407, 0409, 
0710, ex 1001 99 00 , 1002, 1003, 1005 90  00, 1008, 1101, 1102 00 , 1104, 1205 10 90 , 1205 90 , 
1206 00 91; 1206 00 99 , 1512, 1514, 1701, 1905 10  00, 2005, 2204)5. 
 
II. IDENTIFICATION OF THE MEASURES AT ISSUE  
The measure at issue is the import prohibitions on various agricultural goods originating in Ukraine, 
as described in Section I above, whether applied by the national authorities of Hungary  through the 
instruments referred to in Section I above or any othe r applicable instruments.  
Ukraine's request for consultations  also concerns any other instrument , modifying, supplementing, 
complementing, developing, or in any manner relating to the measures at issue.  This request is 
intended to address current laws, reg ulations, policies and practices, as well as any changes or 
amendments to those laws, regulations, policies or practices that may be in process or may be 
implemented in the future by Hungary, or at the EU level.  
 
III. LEGAL BASIS FOR THE COMPLAINT  
The measures at issue, as described in Section II above, appear to be inconsistent with several 
provisions of the Agreement Establishing the World Trade Organization ("WTO Agreement"). In 
particular, these measures would appear to be inconsistent with:  
(i) Article XI:1 of the GATT 1994, as they prohibit or restrict the importation of agricultural 
goods from Ukraine to the territory of Hungary;  
(ii) Article V:2 of the GATT 1994 to the extent that Hungary 's measure either de jure  or de 
facto restricts freedom of  transit of Ukrainian agricultural goods through the territory of 
Hungary to other EU Member States;  
(iii) Article X:1 of the GATT 1994, as Hungary failed to publish its regulations at issue 
promptly in such a manner as to enable the Government of Ukraine and traders to 
become acquainted with them;  
(iv) Article 4.2 of the Agreement on Agriculture, as Hungary has maintained, resorted to, or 
reverted to measures of the kind which have been required to be converted into ordinary 
 
2 The goods at issue are: wheat and meslin (1001), maize (corn) (1005), rape or colza seeds (1205), 
and sunflower seeds (1206). See Article 1 and Annex of Commission Implementing Regulation (EU) 2023/903 
of 2 May 2023 introducing preventive measures concerni ng certain products originating in Ukraine, OJ L 114 
I/1, 2.5.2023 (Regulation 2023/903).  
3 Commission Implementing Regulation (EU) 2023/1100 of 5 June 2023 introducing preventive 
measures concerning certain products originating in Ukraine, OJ  LI 144/1, 5. 6.2023 (Regulation 2023/1100).       
4 https://ec.europa.eu/commission/presscorner/detail/en/IP_23_4497.  
5 
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  customs duties, such as import  prohibitions and restriction on Ukrainian agricultural 
goods; and  
(v) Article 5 of the Agreement on Agriculture to the extent that it is applicable, because, 
inter alia , neither the EU, nor Hungary does not appear to have reserved their right to 
apply mea sures that fall under the scope of this provision to most of the products at 
issue in their Schedule of Concessions under the GATT 1994; these measures take the 
form of a ban instead of a duty; and these measures are discriminatory as they apply 
only to Uk rainian imports and not also to other WTO Members' imports.  
Ukraine notes that these consultations might give rise to other matters having legal implications 
that are not expressly stated in this request but relate to other WTO obligations of Hungary. Wit h a 
view to facilitating a wide -ranging exchange of views, Ukraine notes that, if such were to be the 
case, these matters would also be covered by the scope of this request for consultations.  
 
Ukraine remains a reliable and predictable trading partner. Des pite destruction of traditional 
agricultural supply chains due to the Russia's war of aggression against Ukraine, Ukraine is poised 
to continue guaranteeing Europe's and global food security and providing European and world 
consumers with high -quality Ukra inian products. In this context, it is critical that Hungary does not 
take any steps to restrain or restrict trade and continues to pursue an open and predictable trade 
policy vis -à-vis Ukraine, based on the provisions and principles of the WTO Agreement.  
 
I look forward to receiving your reply to this request and to fixing a mutually convenient date for 
consultations.  
 
__________