Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL suspending certain parts of Regulation (EU) 2015/478 as regards imports of Ukrainian products into the European Union
Date: 2025-03-07
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: Russo-Ukrainian issue, Ukraine, application of EU law, association agreement (EU), import (EU), originating product, surveillance concerning imports

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   EUROPEAN COMMISSION  Brussels, 7.3.2025  COM(2025) 107 final 2025/0056 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL suspending certain parts of Regulation (EU) 2015/478 as regards imports of Ukrainian products into the European Union   
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Russia’s  unprovoked  and  unjustified  full-scale  invasion  of  Ukraine  since  24 February 2022 
has had a profound negative impact on Ukraine’s ability to trade with the rest of the world. In 
this difficult context, the European Council underlined in its conclusions of 27 October 2023 
and 15 December 2023 (as reconfirmed on 19 December 2024) that it will continue to provide 
strong political and economic support to Ukraine for as long as it takes. 

Ukraine  has  requested  the  Union  to  make  it  as  easy  as  possible  for  it  to  maintain  its  trade 
position  with  the  rest  of  the  world  and  to  further  deepen  its  trade  relations  with  the  Union. 
Measures to this end have included market access liberalisation for Ukrainian exports through 
Regulation  (EU) 2022/870 of the European Parliament and of the Council of 30 May 20221 
and  Regulation  (EU)  2023/1077  of  the  European  Parliament  and  of  the  Council  of 
31 May 20232  on  temporary  trade-liberalisation  measures  supplementing  trade  concessions 
applicable  to  Ukrainian  products  under  the  EU-Ukraine  Association  Agreement.  Regulation 
(EU) 2024/1392 entered into force on 6 June 2024 and will remain in force until 5 June 20253. 
These measures have increased flexibility and certainty for Ukrainian producers.  

Ukraine is still a major exporter of iron and steel, despite the fact that the war has caused the 
destruction  or  occupation  of  many  production  facilities.  It  therefore  remains  necessary  to 
maintain  the  suspension  of  Regulation  (EU)  2015/478  on  common  rules  for  imports4.  This 
suspension  is  and  would  remain  the  legal  basis  for  the  suspension  of  the  Union’s  current 
safeguard  measure  on  steel  products  (vis-à-vis  such  imports  from  Ukraine)  as  part  of  the 
Union’s support.  

For this purpose, it is necessary to suspend Articles 2, 4-7, 9-17 and 19-21 of Regulation (EU) 
2015/478 on common rules, as far as imports from Ukraine are concerned. 

In  view  of  this  need  to  continue  to  support  Ukraine  economically,  the  Commission  is 
proposing  a  Regulation  of  the  European  Parliament  and  of  the  Council  to  suspend  the 
application of Articles 2, 4-7, 9-17 and 19-21 of Regulation (EU) 2015/478 on common rules 
for imports with respect of imports originating in Ukraine.  

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Regulation  (EU)  2022/870  of  the  European  Parliament  and  of  the  Council  of  30 May 2022  on 
temporary  trade-liberalisation  measures  supplementing  trade  concessions  applicable  to  Ukrainian 
products  under  the  Association  Agreement  between  the  European  Union  and  the  European  Atomic 
Energy Community and their Member States, of the one part, and Ukraine, of the other part (OJ L 152, 
3.6.2022, p. 103). 
Regulation  (EU)  2023/1077  of  the  European  Parliament  and  of  the  Council  of  31 May 2023  on 
temporary  trade-liberalisation  measures  supplementing  trade  concessions  applicable  to  Ukrainian 
products  under  the  Association  Agreement  between  the  European  Union  and  the  European  Atomic 
Energy Community and their Member States, of the one part, and Ukraine, of the other part (OJ L 144, 
5.6.2023, p. 1). 
Regulation  (EU)  2024/1392  of  the  European  Parliament  and  of  the  Council  of  14 May 2024  on 
temporary  trade-liberalisation  measures  supplementing  trade  concessions  applicable  to  Ukrainian 
products  under  the  Association  Agreement  between  the  European  Union  and  the  European  Atomic 
Energy  Community  and  their  Member  States,  of  the  one  part,  and  Ukraine,  of  the  other  part,  ELI: 
http://data.europa.eu/eli/reg/2024/1392/oj. 
Regulation  (EU)  2015/478  of  the  European  Parliament  and  of  the  Council  of  11 March 2015  on 
common rules for imports (OJ L 83, 27.3.2015, p. 16). 

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• 

Consistency with existing policy provisions in the policy area 

The  suspension  of  Regulation  (EU)  2015/478  on  common  rules  for  imports  would  be 
consistent  with  the  EU’s  strong  support  of  Ukraine  by  means  of  international  trade  in  the 
context of Russia’s war of aggression against Ukraine. 

• 

Consistency with other Union policies 

The Union has strongly condemned Russia’s war of aggression against Ukraine and has taken 
unprecedented  steps  to  support  Ukraine  in  this  exceptional  context.  These  steps  include 
financial  assistance  (including  macro-financial  assistance  for  emergency  measures  and 
reconstruction);  the  delivery  of  military  equipment;  the  adoption  of  extensive  sanctions 
against  Russia  and  Belarus;  and  the  intensification  of  cooperation  under  the  Association 
Agreement. In addition, Ukraine was granted EU candidate status in June 2022 and Accession 
Negotiations were opened in December 2023. 

The  proposed  regulation  would  therefore  comply  with  and  follow  on  from  the  Union’s 
obligation under Article 21(3) of the Treaty on European Union (TEU) to ensure consistency 
between the different areas of its external action. It would also comply with Article 207(1) of 
the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU),  which  requires  the  common 
commercial  policy  to  be  conducted  in  the  context  of  the  principles  and  objectives  of  the 
Union’s external actions. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal basis for the proposal is Article 207(2) of the TFEU. 

• 

Subsidiarity (for non-exclusive competence)  

The  subsidiarity  principle  does  not  apply  because,  in  accordance  with  Article 3(1)(e)  of  the 
TFEU, the common commercial policy is an exclusive Union competence. 

• 

Proportionality 

This  proposal  is  necessary  in  order  to  achieve  the  objective  of  supporting  Ukraine  in  its 
current difficulties economically, including in the area of trade with the Union. 

• 

Choice of the instrument 

This  proposal  is  in  accordance  with  Article 207(2)  of  the  TFEU,  which  envisages  common 
commercial policy measures.  

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EVALUATIONS, 

POST 

OF 

EX 

STAKEHOLDER 

Ex post evaluations/fitness checks of existing legislation 

Not applicable. 

• 

Stakeholder consultations 

Not applicable. 

• 

Collection and use of expertise 

Not applicable. 

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• 

Impact assessment 

In order to  ensure  the  continuation of the trade-liberalisation measures for Ukraine after the 
expiry  of  Regulation  (EU)  2024/1392  on  5 June 2025,  it  is  necessary  for  the  proposed 
Regulation to enter into force on 6 June 2025. This urgent need means that there has not been 
sufficient  time  to  carry  out  an  impact  assessment.  However,  the  trade  and  trade-related 
provisions  of  the  Association  Agreement  have  been  subject  to  a  sustainability  impact 
assessment that the Commission’s Directorate-General for Trade commissioned in 2007 and 
which fed into the Deep and Comprehensive Free Trade Area (DCFTA) negotiation process. 
That  study  confirmed  that  the  implementation  of  trade  and  trade-related  provisions  would 
have a positive economic impact on the EU as well as on Ukraine.  

• 

Regulatory fitness and simplification 

The measure does not increase the regulatory burden on companies.  

• 

Fundamental rights 

These  measures  respect  the  same  basic  principles  as  those  enshrined  in  the  Association 
Agreement  between  the  EU  and  Ukraine.  In  particular,  Article 2  of  the  Association 
Agreement with Ukraine provides that that Agreement’s essential elements are (i) respect for 
democratic  principles,  human  rights  and  fundamental  freedoms;  and  (ii) respect  for  the 
principle of the rule of law.  

The  trade-liberalising  measures  would  also  be  in  accordance  with  the  European  Charter  on 
Fundamental Rights for three reasons. Firstly, their direct effect is that imports from Ukraine 
can be subjected to  fewer restrictions than  would be the  case if surveillance and safeguards 
applied  to  imports  from  Ukraine.  Secondly,  the  Union  could  not  thereby  fail  in  its  duty  to 
protect fundamental rights under the Charter because the protection of any fundamental rights 
in  question  (where  necessary)  remains  possible  by  other  means.  Thirdly,  as  regards  the 
unequal  treatment  of  importers  or  users  of  products  originating  in  Ukraine  (compared  with 
that of importers or users of products originating in other third countries that are not exempted 
from surveillance and safeguards), such an unequal treatment is applied in other cases where 
the  Union’s  bilateral  trade  agreements  exempt  imports  from  safeguard  measures  and  is  a 
legitimate  exercise  (including  the  use  of  a  proper  legal  basis)  of  the  Union’s  common 
commercial policy for the purpose of closer economic integration.  

4. 

BUDGETARY IMPLICATIONS 

Not applicable. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not applicable. 

• 

Explanatory documents (for directives) 

Not applicable. 

• 

Detailed explanation of the specific provisions of the proposal 

Given the economic situation in Ukraine, this proposed Regulation is intended to protect the 
market  access  conditions  for  imports  from  Ukraine  by  suspending  certain  provisions  on  the 
surveillance and safeguards in Regulation (EU) 2015/478 on common rules for imports. 

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2025/0056 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

suspending certain parts of Regulation (EU) 2015/478 as regards imports of Ukrainian 
products into the European Union  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 207(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Acting in accordance with the ordinary legislative procedure1, 

Whereas: 

(1) 

(2) 

(3) 

The  Association  Agreement  between  the  European  Union  and  the  European  Atomic 
Energy Community and their Member States, of the one part, and Ukraine, of the other 
part (the Association Agreement)2 constitutes the basis of the relationship between the 
Union  and  Ukraine.  In  accordance  with  Council  Decision  2014/668/EU3,  Title IV  of 
the  Association  Agreement,  which  relates  to  trade  and  trade-related  matters,  entered 
into  provisional  application  on  1 January 2016  and  entered 
force  on 
1 September 2017, following ratification by all Member States. 

into 

The  Association  Agreement  strengthens  and  widens  the  Parties  relations  in  an 
ambitious  and  innovative  way,  with  a  view  to  facilitating  and  achieveing  gradual 
economic  integration;  and  to  do  so  in  accordance  with  the  rights  and  obligations 
arising out of the Parties’ membership of the World Trade Organization. 

Regulation  (EU)  2015/478  of  the  European  Parliament  and  of  the  Council  of 
11 March 20154  lays  down  common  rules  for  imports  originating  in  most  third 
countries, including Ukraine. It also contains provisions on surveillance and safeguard 
measures. 

(4) 

Russia’s  unprovoked  and  unjustified  full-scale  invasion  of  Ukraine  has,  since 
24 February 2022, had a profoundly negative impact on Ukraine’s ability to trade with 

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Position  of  the  European  Parliament  (not  yet  published  in  the  Official  Journal)  and  position  of  the 
Council (not yet published in the Official Journal). 
OJ L 161, 29.5.2014, p. 3. 
Council Decision 2014/668/EU of 23 June 2014 on the signing, on behalf of the European Union, and 
provisional application of the Association Agreement between the European Union and the European 
Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as 
regards Title III (with the exception of the provisions relating to the treatment of third-country nationals 
legally employed as workers in the territory of the other Party) and Titles IV, V, VI and VII thereof, as 
well as the related Annexes and Protocols (OJ L 278, 20.9.2014, p. 1). 
Regulation  (EU)  2015/478  of  the  European  Parliament  and  of  the  Council  of  11 March 2015  on 
common rules for imports (OJ L 83, 27.3.2015, p. 16). 

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(5) 

(6) 

(7) 

(8) 

the rest of the world. This has been the case for iron and steel, for example, because of 
the occupation or destruction of iron and steel production facilities. It has also been the 
case for other parts of the Ukrainian economy.  

In  these  circumstances  and  in  order  to  mitigate  the  negative  economic  impact  of 
Russia’s war of aggression against Ukraine, it is appropriate, for Ukraine’s benefit, to 
exempt Union imports originating in  Ukraine from Union surveillance and safeguard 
measures. For this purpose, it is necessary to suspend various provisions of Regulation 
(EU) 2015/478 on common rules for imports from Ukraine.  

The  Commission  should  be  able  to  temporarily  suspend  the  application  of  this 
Regulation  in  respect  of  a  specific  product  by  means  of  an  implementing  act.  Those 
powers should be exercised in  accordance with  Regulation  (EU) No 182/2011  of the 
European Parliament and of the Council5. The duration of such suspension should be 
long enough to allow the Commision to make a proposal; and for the Parliament and 
Council to adopt a Regulation suspending, amending or terminating this Regulation. 

This  Regulation  should  apply  for  three  years  and  its  application  should  be  tacitly 
renewed for further three year periods unless and until either the European Parliament 
or the Council would oppose such an extension three months before the expiry date.  

In  light  of  the  forthcoming  expiry  on  5 June 2025  of  Regulation  (EU)  2024/1392  of 
the European Parliament and of the Council6, which provides, among other things, for 
effects  equivalent  to  the  effects  of  this  Regulation,  this  Regulation  should  enter  into 
force on 6 June 2025, 

HAVE ADOPTED THIS REGULATION: 

Article 1 
Trade-liberalisation measures 

The  application  of  Article  2,  Articles  4  to  7,  Articles  9  to  17  and  Articles  19  to  21  of 
Regulation  (EU)  2015/478  on  common  rules  for  imports  shall  be  suspended  with  regard  to 
imports into the Union originating in Ukraine.  

Article 2 
Temporary suspension 

The Commission shall be empowered to adopt an implementing act to suspend the application 
of  this  Regulation  in  respect  of  a  specific  product  for  a  period  that  in  principle  shall  not 
exceed twelve months, if imports of this product that originate in Ukraine increase to a level 
that  contributes  significantly  to  the  serious  injury  or  threat  of  serious  injury  to  a  Union 
industry that produces the like or directly competitive product. That implementing act shall be 
adopted in accordance with the examination procedure referred to in Article 3(2). 

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Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the  Council  of 16 February 2011 
laying down the rules and general principles concerning mechanisms for control by Member States of 
the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). 
Regulation (EU) 2024/1392 of the European Parliament and of the Council of 14 May 2024 on 
temporary trade-liberalisation measures supplementing trade concessions applicable to Ukrainian 
products under the Association Agreement between the European Union and the European Atomic 
Energy Community and their Member States, of the one part, and Ukraine, of the other part, ELI: 
http://data.europa.eu/eli/reg/2024/1392/oj. 

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Article 3 
Committee procedure 

1. 

2. 

The  Commission  shall  be  assisted  by  the  Committee  on  Safeguards  with  regard  to 
Article  4  of  this  Regulation.  That  Committee  shall  be  a  committee  within  the 
meaning of Regulation (EU) No 182/2011. 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 
182/2011 shall apply. 

Article 4 
Entry into force and application 

This Regulation shall enter into force on 6 June 2025.  

It shall apply for an initial period of three years.  

Its  application  shall  be  tacitly  extended  for  successive  periods  of  three  years  unless  the 
European  Parliament  or  the  Council  opposes  such  an  extension  no  later  than  three  months 
before the end of each period. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS HAVING A 
BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE 

1. 

NAME OF THE PROPOSAL: 

Proposal for a Regulation of the European Parliament and of the Council suspending certain 
parts  of  Regulation  (EU)  2015/478  as  regards  imports  of  Ukrainian  products  into  the 
European Union 

2. 

BUDGET LINES: 

Chapter 12, Article 120. 

3. 

FINANCIAL IMPACT  

☒ 

Proposal has no financial implications 

Proposal has no financial impact on expenditure but has a financial impact on 

 
revenue – the effect is as follows: 

Budget line 

Revenue  

Period: part of 2024 - part of 
2025 * 

(EUR million to one decimal 
place) 

Chapter 12, Article 120  

No impact on own 
resources 

n/a 

Total  

* One-year period since entry into force of the regulation 

4. 

ANTI-FRAUD MEASURES 

In order to  prevent fraud, the entitlement to  the trade measures  established by the proposed 
Regulation  should  be  conditional  upon  (i) Ukraine’s  compliance  with  all  the  relevant 
conditions  for  obtaining  benefits  under  the  Association  Agreement  (including  the  rules  of 
origin  of  the  products  concerned  and  the  procedures  related  thereto);  and  (ii) Ukraine’s 
involvement  in  close  administrative  cooperation  with  the  Union  (as  provided  for  by  the 
Association Agreement). 

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