What changed

ORDINARY LEGISLATIVE procedure

27.5.2026

Follow up to the European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the non-application of customs duties on imports of certain goods

PROVISIONAL AGREEMENT RESULTING FROM INTERINSTITUTIONAL NEGOTIATIONS

1. Rapporteur: Bernd LANGE (S&D / DE)

Subject: Proposal for a regulation of the European Parliament and of the Council on the non-application of customs duties on imports of certain goods

2. References: 2025/0260(COD) / A10-0070/2026 / P10_TA(2026)0197

(COM(2025)0472 – C100192/2025 – 2025/0260(COD))

3. Date of adoption of the resolution: 16 June 2026

The interinstitutional negotiations on the aforementioned proposal for a regulation have led to a compromise. In accordance with Rule 75(4) of the Rules of Procedure, the provisional agreement reproduced below is submitted to the Committee on International Trade for decision by way of a single vote.

4. Legal basis: Article 207(2) of the Treaty on the Functioning of the European Union (TFEU)

ANNEX

5. Competent Parliamentary Committee: Committee on International Trade (INTA)

2025/0260 (COD)

6. Commission's position: accepts all amendments.

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the non-application of customs duties on imports of certain goods

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 procedure,

Whereas:

(1) The Union and the United States of America (the ‘United States’) have the largest and deepest bilateral trade and investment relationship in the world and have highly integrated economies. The total two-way trade between them was worth more than EUR 1.6 trillion in 2024. This deep and comprehensive partnership is underpinned by significant mutual investment with mutual investments in each other's markets worth around EUR 5.3 trillion.

(2) To avoid disruption and continue improving the trade and investment relationship with the United States, the Union and the United States agreed the Joint Statement on a Tariff Agreement, announced on 21 August 2020, under which the Union committed to eliminate tariffs on imports of United States live and frozen lobster products and the United States committed in return to reduce by 50 % its tariff rates on certain products exported by the Union worth an average annual trade value of USD 160 million, including certain prepared meals, certain crystal glassware, surface preparations, propellant powders, cigarette lighters and lighter parts. In order to implement that 2020 Joint Statement, on 16 December 2020 the Union adopted Regulation (EU) 2020/2131 of the European Parliament and of the Council1 on the elimination of customs duties on ▌an erga omnes basis, on a limited number of goods, ▌including live and frozen lobster ▌products originating in the United States, for the period from 1 August 2020 ▌until 31 July 2025.

(3) In line with the political agreement between the Union and the United States of 27 July 2025 and the Joint Statement of 21 August 2025 on a European Union – United States Framework on an Agreement on Reciprocal, Fair and Balanced Trade (the ‘Joint Statement’) and to secure continued access for Union goods to the United States market, the Union should provide for non-application, for a further period, of the customs duties on imports into the Union of the types of lobster covered by Regulation (EU) 2020/2131. In line with the political agreement, the non-application of customs duties should also include imports of processed lobster classified under Combined Nomenclature (CN) code 1605 30 90.

(4) Accordingly, the customs duties on imports of the goods classified under the CN codes listed in the Annex should apply at a level of 0 % ▌unless the United States is no longer effectively implementing the Joint Statement.

(5) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to suspend the non-application of the customs duties in specific circumstances. Those powers should be exercised in accordance with the examination procedure provided for in Regulation (EU) No 182/2011 of the European Parliament and of the Council.

(5a) By 31 January 2030, the Commission should present an assessment of the effects of this Regulation. That assessment should also provide details of changes since 1 August 2025 in trade volumes and values of the United States’ exports to the Union of the goods classified under the CN codes listed in the Annex. Where appropriate, that assessment should be accompanied by a legislative proposal for extension of the period of application of this Regulation.

(6) In view of the importance of avoiding disruption of the trade and investment relationship between the Union and the United States, this Regulation should enter into force on the day following that of its publication. For the same reason, this Regulation should apply with retroactive effect from 1 August 2025. Customs duties paid in excess of those applicable pursuant to this Regulation in the period between 1 August 2025 and the date of entry into force of this Regulation should be reimbursed upon request,

HAVE ADOPTED THIS REGULATION:

Article 1

Non-application of customs duties

The applicable customs duties of the Common Customs Tariff on imports into the Union of the goods classified under the Combined Nomenclature (CN) codes listed in the Annex shall be 0 %.

Article 2 Suspension

1. The Commission may adopt an implementing act suspending in whole or in part the application of Article 1 in the following circumstances:

(a) where the United States fails to implement the Joint Statement or otherwise undermines the objectives of improving the trade and investment relationship between the Union and the United States and the objectives pursued by the Joint Statement, or undermines access of Union economic operators to the United States market, or otherwise disrupts the trade and investment relationship between the Union and the United States;

(b) where there are sufficient indications that the United States will act in the manner referred to in point (a) in the future; or

(c) where a change of objective circumstances has occurred with regard to those existing at the time the Joint Statement was issued.

That implementing act shall be adopted in accordance with the examination procedure referred to in Article 3(2).

2. The implementing act referred to in paragraph 1 shall apply for as long as the circumstances referred to in paragraph 1 persist.

Article 3 Committee procedure

1. The Commission shall be assisted by the Trade Barriers Committee established by Article 7 of Regulation (EU) No 2015/1843 of the European Parliament and of the Council. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

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

Article 4 Reimbursement of customs duties

At the request of the economic operators concerned, the national customs authorities of the Member States concerned shall reimburse any customs duties paid in excess of those applicable pursuant to this Regulation for imports into the Union between 1 August 2025 and the date of entry into force of this Regulation, of goods classified under the CN codes listed in the Annex.

Article 4a Evaluation and reporting

1. By 31 January 2030, the Commission shall present an assessment of the effects of this Regulation. That assessment shall provide details of changes since 1 August 2025 in trade volumes and values of the United States’ exports to the Union of the goods classified under the CN codes listed in the Annex.

2. Where appropriate, the assessment referred to in paragraph 1 shall be accompanied by a legislative proposal for extension of the period of application of this Regulation.

3. The Commission shall keep the European Parliament and the Council informed, regularly and in a timely manner, of relevant developments in the application of this Regulation.

Article 5 Entry into force and application#

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 August 2025 until 31 July 2030.

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

Done at Brussels,

For the European Parliament For the Council

The President The President

ANNEX

CN 2025 code

Description

0306 11 90

Frozen rock lobster and other sea crawfish ‘Palinurus Spp., Panulirus Spp. and Jasus Spp.’, even smoked, whether in shell or not, including ones in shell, cooked by steaming or by boiling in water (excluding crawfish tails)

0306 12 10

Frozen lobsters ‘Homarus Spp.’, whole, even smoked or cooked by steaming or by boiling in water

0306 12 90

Frozen lobsters ‘Homarus Spp.’, even smoked, whether in shell or not, including lobsters in shell, cooked by steaming or by boiling in water (excluding whole)

0306 32 10

Live lobsters ‘Homarus Spp.’

1605 30 90

Lobster, prepared or preserved (excl. merely smoked; excl. lobster meat, cooked, for the manufacture of lobster butter or of lobster pastes, pâtés, soups or sauces)

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