Sittings · Document

DRAFT OPINION (COM(2025)0034 – C100006/2025 – 2025/0021(COD)) 2025-03-18

On the proposal for a regulation of the European Parliament and of the Council on the modification of customs duties applicable to imports of certain goods originating in or exported directly or indirectly from the Russian Federation and the Republic of Belarus

Committee on Agriculture and Rural Development · Rapporteur: Mireia Borrás Pabón

SHORT JUSTIFICATION

The European primary sector and the agri-food industry, as guarantors of the food sovereignty of the Member States, are key pillars for the well-being and prosperity of our nations. The EU institutions must be aware of this and act accordingly to ensure that the viability of those essential sectors is not jeopardised by regulatory agendas or decisions based on geopolitical contingencies.

However, our agriculture and associated industries are facing a serious competitiveness problem that is threatening their economic viability. Unfortunately, the Green Deal policies, guided more by ideology than economic and political analysis, have led to deindustrialisation, declining importance of the primary sector in our economies and weakness in the face of crises such as that felt in Europe following Russia’s invasion of Ukraine.

The Commission proposal increases customs duties on imports of certain agricultural products originating in or exported directly or indirectly from the Russian Federation or the Republic of Belarus. The regulation will apply EU tariffs to all agricultural imports from Russia.

The proposal also increases tariffs on fertilisers, starting at EUR 40 or EUR 45 per tonne (depending on the type of fertiliser) until the additional tariff reaches a prohibitive level of up to EUR 315 or EUR 430 per tonne three years after the restrictive measures are first applied.

The rapporteur believes that Russia’s illegal and unjustified invasion of Ukraine has revealed the structural weaknesses of the so-called European Green Deal and its disastrous repercussions for farming, industry and the finances of European families.

Since 2019, fertiliser production in the European Union has dropped by 25 % as a result of high production costs and additional regulations. Farmers have also seen the prices of all types of fertilisers driven up to levels they can barely afford: phosphates (+77 %), nitrogen fertilisers (+46 %) and potash (+23 %).

This situation has deteriorated dramatically since the outbreak of the war in Ukraine, the sanctions on Russia and the closure of several European fertiliser factories as a result of the rising price of gas and other raw materials.

Against this backdrop, the Commission proposal lacks a medium and long-term strategy to ensure market diversification and access to fertilisers at affordable prices, which would provide relief for European producers. The proposal also disregards the changes needed to properly address the real problems facing European industry and agriculture: access to energy and raw materials at affordable prices, the European Green Deal and excessive regulation.

Tariffs alone will not be sufficient to boost the competitiveness of the fertiliser industry. It is simply a matter of time before Russia and Belarus find ways to circumvent the EU’s import duties, perhaps by using alternative re-export routes via third countries.

The rapporteur therefore proposes a series of amendments aimed at avoiding a potentially extreme hike in input costs and agri-food prices, and the corresponding risk that poses to Europe’s food security and sovereignty.

Given farming’s high production costs and low prices, any additional increase in fertiliser costs could have devastating consequences for the sector. It is thus vital that the Commission carries out an appropriate impact assessment, in line with the European rules on good governance and responsible decision-making.

The proposal for a regulation sets 1 July 2025 as the initial date of application of the regulation. That is not enough time for the EU fertiliser market to adapt to the new conditions. Instead, the rapporteur proposes delaying its application by two years in order to avoid market disruptions.

The proposal to set import duties at 100 % in ad valorem equivalent does not take into account the current situation, with rising gas prices, falling nitrogen fertiliser production in the EU, escalating geopolitical tensions and the full implementation of the Carbon Border Adjustment Mechanism (CBAM) from 1 January 2026. It is therefore essential to simplify the system and avoid the accumulation of existing trade defence mechanisms and these new tariffs.

The Commission proposal also applies tariffs to fertilisers containing phosphorus. However, the EU lacks sources of mineral phosphates and phosphorus fertilisers, making it highly dependent on imports from African countries and Russia. Moreover, Regulation (EU) 2019/1009 sets a maximum cadmium limit of 60 mg/kg P2O5, exacerbating this dependency by favouring rock of Russian origin, which naturally contains low levels of cadmium. The rapporteur therefore proposes excluding this type of fertiliser from the scope of the regulation, as it could further reduce the diversification of phosphate suppliers, thereby increasing reliance on a limited range of sources from African countries.

The Commission proposes starting with a total import quota of 2.7 million tonnes from 1 July 2025 to 30 June 2026, which is 1 million tonnes (-27 %) below 2024 import levels. Before the war, however, imports of nitrogen fertilisers from Russia and Belarus totalled 4.5 million tonnes (30 % of imports and 8 % of EU market share). In view of this situation, and in order to avoid market disruptions, the rapporteur proposes setting the quota on the basis of the pre-war reference period of 2017-2021.

In order to protect farmers from a possible spike in fertiliser prices, prevent any further hikes in food prices, and ensure food security and stability in Europe, the rapporteur also proposes comprehensive price monitoring, a biannual review system and the application of effective safeguard measures, including the automatic suspension of tariffs and rapid access to alternative sources if fertiliser prices should exceed certain thresholds.

Finally, the rapporteur deplores the fact that the Commission has not used this opportunity to give farmers more flexibility, providing for exemptions from the Nitrates Directive aimed at prioritising sources of nutrients in the agricultural sector, given that maximising the use of livestock manure dovetails perfectly with reducing energy use and promoting the circular bioeconomy.

The Emissions Trading System, high gas prices, relentless environmental regulations, and stifling red tape and taxation have our agriculture and industry on the ropes. Europe needs to ensure that it has an economic environment that is attractive in itself, and do away with the green ideology, rampant regulation and bureaucracy that lead only to confrontation and hardship among the people of Europe.

European farming, which guarantees the food sovereignty of the Member States and is a basic pillar of our economies, must not be the victim of EU decisions based on geopolitical crises. The Commission’s proposal turns our producers into an additional weapon of war, at their expense and without any alternatives for protecting their livelihood, and it does nothing to reverse the legislative trend of the European Green Deal, which has had such a harmful impact on farming, industry and families’ pockets.

AMENDMENTS

The Committee on Agriculture and Rural Development submits the following to the Committee on International Trade, as the committee responsible:

Amendment 1

Proposal for a regulation

Recital 2

Text proposed by the CommissionAmendment
(2) The imports of the fertilisers covered by this Regulation (‘the concerned fertilisers’) currently reflect a situation of economic dependency on the Russian Federation. Moreover, the imports of the concerned agricultural goods could create a similar and additional economic dependency on the Russian Federation, which should in the present circumstances be prevented and reduced in order to protect the Union’s markets and safeguard the Union’s food security.(2) The imports of the fertilisers covered by this Regulation (‘the concerned fertilisers’) have recovered to pre-war levels after 5 years of sharp decline. Russian imports represented in 2023 25 % of the Union´s total imports and 8 % of the total market share reflecting a situation of economic dependency on the Russian Federation. Moreover, the imports of the concerned agricultural goods contribute to the additional economic dependency on the Russian Federation, which should in the present circumstances be prevented and reduced in order to protect the Union’s markets and safeguard the Union’s food security.

Or. en

Amendment 2

Proposal for a regulation

Recital 2 a (new)

Text proposed by the CommissionAmendment
(2a) Although fertiliser prices have been stable for the past year, they are higher than in 2019-2020 for all nutrients: phosphates (+77 %), nitrogen fertilisers (+46 %) and potash (+23 %). Fertilisers´ affordability is still a big concern for farmers due to low crops prices. Fertilisers are essential to ensuring sufficient and quality food production, and play a critical role in relation to food security. According to FADN data, fertilisers account for 10,5 % of total intermediate consumption (€/farm) on average and represent an even greater level of expenditure for field crop-specialised farms where they even make up about 28,5 % of total intermediate consumption (€/farm).

Or. en

Amendment 3

Proposal for a regulation

Recital 4

Text proposed by the CommissionAmendment
(4) The continued importation of the agricultural goods and fertilisers covered by this Regulation from the Russian Federation under current conditions could make the Union vulnerable to coercive actions by the Russian Federation. In particular, a potential increase in the importation of the concerned goods from the Russian Federation could disrupt the Union’s market and negatively impact the Union’s producers. It is therefore necessary to take appropriate tariff measures in order to address the Union’s current and potential economic dependency on imports of those goods from the Russian Federation. This should be done by ending the current situation where they enter the Union market on terms that are as favourable as those applied to goods from other origins that receive most-favoured-nation treatment.(4) To reduce the dependency on Russia, the Union must implement a diplomacy of open strategic autonomy and, in the case of fertilisers, a long-term policy to boost trade diversification and Union-made fertiliser production. It is therefore necessary to take appropriate tariff measures in order to address the Union’s current economic dependencies on imports of those goods from the Russian Federation. This should be done by ending the current situation where they enter the Union market on terms that are as favourable as those applied to goods from other origins that receive most-favoured-nation treatment.

Or. en

Amendment 4

Proposal for a regulation

Recital 5

Text proposed by the CommissionAmendment
(5) At present, imports of the concerned fertilisers from the Russian Federation are already increasing and could increase further and quickly if additional Russian production is re-oriented towards the Union. Such potential increased imports from the Russian Federation would disrupt the Union’s market for those goods and harm the Union’s nitrogen fertilisers producers, who are already facing difficulties in competing with imports from the Russian Federation because gas prices in the Union remain high. The long-term survival of the Union’s nitrogen fertiliser industry is of crucial importance for the Union’s food security because the Union’s agricultural sector needs these fertilisers in order to produce food. Addressing the growing dependency on imports of the concerned fertilisers from the Russian Federation and preserving the viability of an autonomous Union nitrogen fertiliser industry is therefore vital to ensuring and maintaining the Union’s food security. In order to prevent a future dependency on agricultural goods imports from the Russian Federation, it is also necessary to adjust the tariff levels for these products.(5) Although the Union´s self-sufficiency rate with regard to nitrogen fertilisers is about 80 % of the Union consumption, at present, imports of the concerned fertilisers from the Russian Federation are already increasing and could increase further. Addressing the dependency on imports of the concerned fertilisers from the Russian Federation, preserving the viability of an autonomous Union nitrogen fertiliser industry, and securing farmers´ access to fertilisers at reasonable prices is therefore vital to ensuring and maintaining the Union’s food security. In order to prevent dependency on agricultural goods imports from the Russian Federation, it is also necessary to adjust the tariff levels for these products.

Or. en

Amendment 5

Proposal for a regulation

Recital 5 a (new)

Text proposed by the CommissionAmendment
(5a) The production and cost of mineral fertilisers largely depend on the availability and affordability of natural gas.

Or. en

Amendment 6

Proposal for a regulation

Recital 5 b (new)

Text proposed by the CommissionAmendment
(5b) The Union is highly dependent on imported fertilisers, which are essential inputs for agricultural production and food security in the Union. It is essential to strengthen strategic autonomy, reduce such dependency by boosting fertiliser production in the Union, promote the competitiveness of the Union industry and maximise the potential of agriculture in providing alternative natural products. That will ensure a high, stable and reliable supply for farmers, protecting them from geopolitical tensions and global price fluctuations.

Or. en

Amendment 7

Proposal for a regulation

Recital 5 c (new)

Text proposed by the CommissionAmendment
(5c) Russia’s low-cost gas and lack of emissions regulations allow it to undercut Union producers, whose competitiveness is eroded by compliance with the Union´s emission trading system (ETS).

Or. en

Amendment 8

Proposal for a regulation

Recital 5 d (new)

Text proposed by the CommissionAmendment
(5d) Russian fertilisers face no ETS equivalent, enjoying a cost advantage over Union producers burdened by carbon pricing, e.g. 70 EUR/t CO2 in the Union vs. zero in Russia.

Or. en

Amendment 9

Proposal for a regulation

Recital 5 e (new)

Text proposed by the CommissionAmendment
(5e) The ETS adds further costs, estimated at 10 to 15 % of production expenses. Russian fertilisers often lack stabilisers and thus increase emissions, while Union producers face ETS pressure to innovate, e.g. stabilised urea.

Or. en

Amendment 10

Proposal for a regulation

Recital 5 f (new)

Text proposed by the CommissionAmendment
(5f) A strong Union fertiliser industry is fundamental to maintaining the Union´s food security and industrial strategic autonomy.

Or. en

Amendment 11

Proposal for a regulation

Recital 5 g (new)

Text proposed by the CommissionAmendment
(5g) There is no medium- or long-term strategy to ensure market diversification and access to fertilisers at reasonable prices, which would alleviate the situation for Union producers.

Or. en

Amendment 12

Proposal for a regulation

Recital 5 h (new)

Text proposed by the CommissionAmendment
(5h) Changes are needed to truly address the Union industry and agriculture structural problems, such as access to energy and raw materials at high prices, the European Green Deal, and excessive regulation.

Or. en

Amendment 13

Proposal for a regulation

Recital 7

Text proposed by the CommissionAmendment
(7) Imports of the concerned agricultural goods and fertilisers that originate in or are exported directly or indirectly from the Russian Federation and the Republic of Belarus should therefore be subject to higher customs duties than imports from other third countries.(7) Imports of the concerned agricultural goods and fertilisers that originate in or are exported directly or indirectly from the Russian Federation and the Republic of Belarus should therefore be subject to higher customs duties than imports from other third countries while securing Union´s market stability, and food security and affordability.

Or. en

Amendment 14

Proposal for a regulation

Recital 8

Text proposed by the CommissionAmendment
(8) Imports from the Russian Federation and the Republic of Belarus should not benefit from any lower tariffs under the Union’s tariff rate quotas, on terms of most-favoured-nation treatment. The reduced rates set out in the Union’s tariff rate quotas for the goods listed in the Annexes I and II to this Regulation should therefore not apply to goods originating in or exported directly or indirectly from the Russian Federation or the Republic of Belarus to the Union(8) Imports from the Russian Federation and the Republic of Belarus should not benefit from reduced tariffs within the Union’s tariff rate quotas. The reduced rates set out in the Union’s tariff rate quotas for the goods listed in the Annexes I and II to this Regulation should therefore not apply to goods originating in or exported directly or indirectly from the Russian Federation or the Republic of Belarus to the Union. However, it is essential for the Union to lay down monitoring and oversight mechanisms to avoid any negative impact on the competitiveness of the farmers in the Union.

Or. en

Amendment 15

Proposal for a regulation

Recital 9

Text proposed by the CommissionAmendment
(9) The envisaged increase in customs duties is not expected to negatively affect global food security because the increase in tariffs applies only to imports into the Union and does not affect goods concerned Regulation if they are only transiting through the Union’s territory to third countries of final destination. To the contrary, the envisaged increase in Union import duties may increase the exportation of those goods to third countries and increase the availability of supplies there.(9) The envisaged increase in customs duties is not expected to negatively affect global food security because the increase in tariffs applies only to imports into the Union and does not affect goods concerned by this Regulation if they are only transiting through the Union’s territory to third countries of final destination. However, it is crucial that the Union ensures a gradual and feasible transition, avoiding disruptions in access to essential inputs for farmers. Therefore, complementary measures should be implemented to promote fertiliser production in the Union and strengthen the diversification of external suppliers.

Or. en

Amendment 16

Proposal for a regulation

Recital 10

Text proposed by the CommissionAmendment
(10) At the same time, fertilisers play a significant role for the food security as well as for the financial stability of the farmers in the Union. It is therefore necessary to ensure predictable and sufficient access to fertilisers, at affordable price levels for Union farmers, which should in turn contribute to the stabilisation of agricultural markets. During a transitional period, the proposed measure would stimulate stepping up the Union production and allow for reinforcing alternative sources of supply from other international partners, minimising the risk that fertilisers prices for Union farmers increase substantially. To this end, the Commission should monitor closely the evolution of fertiliser prices on the Union market. Should fertiliser prices substantially increase, the Commission should assess the situation and take all appropriate actions to remedy such surge.(10) At the same time, fertilisers play a significant role in ensuring food security as well as in safeguarding the financial stability of the farmers in the Union. It is therefore necessary to ensure predictable and sufficient access to fertilisers, at affordable price levels for Union farmers, which should in turn contribute to the stabilisation of agricultural markets. To that end, the Commission should continuously monitor fertiliser price developments in the Union market and, in the event of significant increases, apply automatic safeguard clauses allowing for the temporary suspension of tariffs or facilitating access to alternative supply sources. Additionally, the impact of those measures on the agricultural sector and food security should be assessed through periodic six-month reviews to ensure their effectiveness and proportionality.

Or. en

Amendment 17

Proposal for a regulation

Recital 15

Text proposed by the CommissionAmendment
(15) This Regulation does not go beyond what is necessary to achieve the objectives pursued in accordance with Article 5(4) of the Treaty on European Union. In accordance with the principle of proportionality, it is necessary and appropriate to lay down rules increasing tariffs on those goods with immediate effect, firstly in order to achieve the basic objective of ensuring that the concerned agricultural goods and fertilisers that originate in or are exported directly or indirectly from the Russian Federation and the Republic of Belarus do not disturb the Union’s market for those goods; and secondly in order to implement the Common Commercial Policy and reduce the Union’s imports of these goods and fertilisers from the Russian Federation and the Republic of Belarus in response to concerns that such imports could negatively affect the Union’s internal market and impair the Union’s food security,(15) This Regulation does not go beyond what is necessary to achieve the objectives pursued in accordance with Article 5(4) of the Treaty on European Union. In accordance with the principle of proportionality, it is necessary and appropriate to lay down rules increasing tariffs on those goods and fertilisers that originate in or are exported directly or indirectly from the Russian Federation and the Republic of Belarus while securing access and affordability of fertilisers, market stability and food security,

Or. en

Amendment 18

Proposal for a regulation

Article 1 – paragraph 2 – point a

Text proposed by the CommissionAmendment
(a) With regard to the goods falling under CN code 3102:(a) With regard to the goods falling under CN code 3102:
(i) 6.5% ad valorem + 40 EUR/tonne from 1 July 2025 until 30 June 2026;(i) 6,5% ad valorem + 40 EUR/tonne from 1 July 2027 until 30 June 2030;
(ii) 6.5% ad valorem + 60 EUR/tonne from 1 July 2026 until 30 June 2027;
(iii) 6.5% ad valorem + 80 EUR/tonne from 1 July 2027 until 30 June 2028;(iii) 6,5% ad valorem + 80 EUR/tonne from 1 July 2030.
(iv) 6.5% ad valorem + 315 EUR/tonne from 1 July 2028.

Or. en

Justification

Starting the implementation on 1 July 2025 is a very too short a period to allow EU fertiliser market to adapt the new conditions. The entry into force must be delayed by two years after the publication in the Official Journal.

Amendment 19

Proposal for a regulation

Article 1 – paragraph 2 – point b

Text proposed by the CommissionAmendment
(b) with regard to the goods falling under CN codes 3105 20, 3105 30, 3105 40, 3105 51, 3105 59 and 3105 90:deleted
(i) 6.5% ad valorem + 45 EUR/tonne from 1 July 2025 until 30 June 2026;
(ii) 6.5% ad valorem + 70 EUR/tonne from 1 July 2026 until 30 June 2027;
(iii) 6.5% ad valorem + 95 EUR/tonne from 1 July 2027 until 30 June 2028;
(iv) 6.5% ad valorem + 430 EUR/tonne from 1 July 2028.

Or. en

Justification

The European Union lacks domestic sources of mineral phosphates and phosphoric fertilisers, making it heavily dependent on imports from African countries and Russia. Additionally, the Regulation (EU) 2019/1009, which sets a maximum cadmium limit of 60 mg/kg P2O5, exacerbates this dependency by favouring Russian-origin rock, which contains low levels of cadmium naturally. The European Commission's proposal is likely to further reduce the diversification of phosphate suppliers, increasing reliance on a limited range of sources from African countries. Furthermore, these sources may not comply with the EU's cadmium limit. Therefore, CN 310520 (N, P, K), CN310530 (DAP), CN 310540 (MAP, MAP and DAP in mixture), CN 310551 (N, P), CN 310559 (N, P) and CN310590 must be removed from the scope of article 1§ 2.b of the proposed regulation.

Amendment 20

Proposal for a regulation

Article 1 – paragraph 2 – point c

Text proposed by the CommissionAmendment
(c) Notwithstanding points (a) and (b), if cumulative import volumes of goods listed in points (a) and (b) reach the thresholds set below, the Commission shall, within 21 days, impose a duty at the level defined under point (a)(iv) or (b)(iv) respectively, for the remaining imports of these goods in the given period:(c) Notwithstanding point (a), if cumulative import volumes of goods listed in point (a) reach the thresholds set below, the Commission shall, within 21 days, impose a duty at the level defined under point (a)(ii) for the remaining imports of these goods in the given period:
(i) 2.7 million tonnes from 1 July 2025 until 30 June 2026;(i) 3,375 million tonnes from 1 July 2027 until 30 June 2028;
(ii) 1.8 million tonnes from 1 July 2026 until 30 June 2027;(ii) 2,250 million tonnes from 1 July 2028 until 30 June 2029;
(iii) 0.9 million tonnes from 1 July 2027 until 30 June 2028.(iii) 1,485 million tonnes from 1 July 2029 until 30 June 2030.

Or. en

Justification

The Commission proposes to start with a total import quota of 2.7 million tonnes from 1/7/2025 to 30/6/2026, which is 1 million tonnes (-27%) below the level of imports in 2024. Before the war, the EU nitrogen fertiliser industry was operating with 4.5 million tonnes of import of nitrogen fertiliser from Russia and Belarus. Since 2021, several production facilities in the EU have closed completely. The Rapp propose to fix the quota based on the reference period pre-war 2017-2021.3.375 million tonnes, (= 75 % X 4.5) from 1 July 2027 to 30 June 2028 2.250 million tonnes and (~=66% X 3.375) from 1 July 2028 to 30 June 2029 1.485 million tonnes. (=66 % X 2.250) from 1 July 2029 to 30 June 2030

Amendment 21

Proposal for a regulation

Article 1 – paragraph 2 – point c a (new)

Text proposed by the CommissionAmendment
(ca) Fixed amounts of duties set out in Articles 2 and 3 of Commission Implementing Regulation (EU) 2020/2100 shall be deducted from the duty applicable under this Regulation.

Or. en

Amendment 22

Proposal for a regulation

Article 1 – paragraph 2 – point c b (new)

Text proposed by the CommissionAmendment
(cb) Fixed amounts of duties applicable to UAN CN code 3102 80 00 set out in Article 1(2) of Commission Implementing Regulation (EU) 2019/1688 shall be deducted from the duty applicable under this Regulation.

Or. en

Amendment 23

Proposal for a regulation

Article 1 – paragraph 2 – point d

Text proposed by the CommissionAmendment
(d) The Commission may adopt an implementing act laying down the arrangements for monitoring the import volumes referred to in paragraph 2. That implementing act shall be adopted in accordance with the advisory procedure set out in Article 4 of Regulation (EU) No 182/2011.(d) The Commission shall adopt an implementing act laying down the arrangements for monitoring the import volumes referred to in paragraph 2. That implementing act shall be adopted in accordance with the advisory procedure set out in Article 4 of Regulation (EU) No 182/2011.

Or. en

Amendment 24

Proposal for a regulation

Article 1 – paragraph 2 – point d a (new)

Text proposed by the CommissionAmendment
(da) The Commission shall adopt an implementing act laying down the arrangements for monitoring and reporting monthly the prices in the Member States of Ammonium nitrate (AN), 33,5 % N, Calcium ammonium nitrate (CAN), 26 to 27 % N, Urea 46 % N, Urea ammonium nitrate solution (UAN), 28 to 32 % N, Ammonia anhydrous. That implementing act shall be adopted in accordance with the advisory procedure set out in Article 229 of Regulation (EU) 2013/1308.

Or. en

Justification

This proposed regulation provides the bases for enhancing the EU Fertiliser Market Observatory and increased transparency of the fertiliser market.

Amendment 25

Proposal for a regulation

Article 1 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2a. The measures referred to in paragraph 2 shall be subject to an impact assessment.

Or. en

Justification

It is unacceptable that the proposal has not been accompanied by an impact assessment. This is contrary to good governance and sound rule making. The main sector to be adversely affected will be agriculture and it is essential that the Legislator and industry have a complete picture of the impacts of the proposal before its application.

Amendment 26

Proposal for a regulation

Article 2 – paragraph 1

Text proposed by the CommissionAmendment
1. The Commission shall monitor prices applicable in the Union of the goods listed in Annex II during four years from the application of this Regulation.1. The Commission shall monitor monthly prices applicable in the Member States of the goods listed in Annex II throughout the application of this Regulation. The Commission shall inform the Member States of the monitoring results every month starting from ... [ the date of entry into force of this Regulation].

Or. en

Justification

The price monitoring must remain in place at least for the duration of this proposed regulation. Absolute fertiliser prices in Member States must be monitored and provided monthly. The Commission must inform the Member States of the monitoring results every month starting from the entry into force of the proposed regulation.

Amendment 27

Proposal for a regulation

Article 2 – paragraph 2

Text proposed by the CommissionAmendment
2. Should the price levels of the goods listed in Annex II substantially exceed the levels of 2024 in the period referred to in paragraph 1, the Commission shall assess the situation and take all appropriate actions to remedy such surge. This may include, if appropriate, proposing the temporary suspension of tariffs for concerned goods imported from origins other than the Russian Federation and the Republic of Belarus.2. Should the price levels of the goods listed in Annex II substantially exceed the levels of 2024 in the period referred to in paragraph 1, the Commission shall assess the situation and take all appropriate actions to remedy such surge through effective and automatic safeguard measures. Those shall include, if appropriate, proposing the temporary suspension of tariffs for concerned goods imported from origins other than the Russian Federation and the Republic of Belarus, and the removal of the definitive anti-dumping duty imposed by Article 1 of Implementing Regulation (EU) 2019/1688 on imports of mixture of urea and ammonium nitrate originating in Trinidad and Tobago and the United States of America in accordance with Article 14(4) of Regulation (EU) 2016/1036 of the European Parliament and of the Council.

Or. en

Justification

Given the historical volumes imported from Russia, increasing customs duties on fertilisers Russian-origin will automatically lead to price increases in EU. This proposal aims to offset the price increases by: Fostering supply from other exporting countries in the EU market. Diversifying supply sources to strengthen the EU fertilisers availability The proposal will also allow other exporting countries to take Russia’s market share.

Amendment 28

Proposal for a regulation

Article 2 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2a. The Commission shall be assisted by the Trade Defence Instrument Committee with regards to Article 2(2).

Or. en

Amendment 29

Proposal for a regulation

Article 2 a (new)

Text proposed by the CommissionAmendment
Article 2a
The Commission shall evaluate the application of this Regulation every 6 months after ... [the date of entry into force of this Regulation]. The evaluation shall include an assessment of the impact of this Regulation on the agricultural sector food production and food security in the Union.

Or. en

Justification

Review clause is necessary.

Amendment 30

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the CommissionAmendment
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 four weeks after its entry into force in respect of the goods listed in Annex I.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 four weeks after its entry into force in respect of the goods listed in Annex I. In respect of the goods listed in Annex II, it shall apply from ... [24 months from the date of entry into force of this Regulation].

Or. en

Justification

Starting the implementation on 1 July 2025 is a very too short a period to allow EU fertiliser market to adapt the new conditions. Therefore, the entry into force shall be delayed by two years after the publication in the Official Journal. This transitional period of implementation could avoid market disturbance.

Amendment 31

Proposal for a regulation

Annex II – table

Text proposed by the CommissionAmendment
CN code 3102 Description Mineral or chemical fertilisers, nitrogenous CN code Ex 3105 Description Mineral or chemical fertilisers containing two or three of the fertilising elements nitrogen, phosphorus and potassium; other fertilisers; goods of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg; Except: 3105 10 00 - Goods of chapter 31 in tablets or similar forms or in packages of a gross weight not exceeding 10 kg 3105 60 00 - Mineral or chemical fertilisers containing the two fertilising elements phosphorus and potassiumCN code 3102 Description Mineral or chemical fertilisers, nitrogenous

Or. en

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur for the opinion declares that she received input from the following entities or persons in the preparation of the draft opinion:

Entity and/or person
COPA-COGECA, Secretary General
European Commission, DG AGRI Unit E.1
European Commission, DG Trade Unit E2
Fertilizers Europe, Director General,
LAT Nitrogen, Head of Public Affairs Europe
Asociación Nacional de Fabricantes de Fertilizantes (ANFFE) (Spanish National Association of Fertilizer Manufacturers)Secretary General
Asociación Agraria - Jóvenes Agricultores ASAJA- (Association of young farmers). President, EU Office Brussels
Cooperativas Agrolimentarias de España, (Sapnish Association of Agricultural Cooperatives) EU Office Brussels
Unión de Pequeños Agricultores y Ganaderos (UPA) (Association of small farmers) EU Office Brussels

The list above is drawn up under the exclusive responsibility of the rapporteur for the opinion.

Where natural persons are identified in the list by their name, by their function or by both, the rapporteur for the opinion declares that she has submitted to the concerned natural persons the European Parliament's Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.