According to MRiT's answer of 26 September – Trade policy falls under the exclusive competence of the European Commission (EC). In order to defend Union producers from the negative effects of unfair, i.e. dumped and/or illegally subsidised imports from countries outside the European Union, it is possible for the European Commission to usage TDIs in the form of anti-dumping duties (AD), anti-subsidy duties (AS) and restrictions against excessive safeguard (SFG) imports in the event of uncontrolled inflow of goods into the Union market... In view of the deficiency of evidence of unfair commercial practices and the absence of uncontrolled imports which would endanger the interests of Union producers, protective measures are not applicable to imports of cereals from the Russian Federation.
Let's remind you, no 1 another than the Minister of Agriculture Robert Telus publically pointed to the problem of Russian grain coming to Europe. cit. I besides noticed about Russian grain. We know that from the south of Europe there are Russian cereals, which besides causes a lower price for cereals in Europe. And this grain is missing in the countries where it hit before the Ukrainian War. If the EU fails to resolve This situation, it will origin that food will be scarce in those countries where the grain went before the war. And it's going to destabilize the planet market, the planet situation. – warned the Minister of Agriculture of Poland (https://www.pap.pl/updates/minister-agriculture-in-bruxeli-from-south-europy-hit-bovine-Russian-co-rowniez)
It should be borne in head that the import ban introduced by the Regulation of the Minister of improvement and Technology of 15 September 2023 on the ban on imports of agricultural products from Ukraine was motivated by public safety issues. The possible import scale from Ukraine raised legitimate concerns about the destabilisation of the cereals marketplace in Poland. With respect to comparatively tiny imports from the Russian Federation, these arguments do not apply — justification for MRiT
At the same time, it should be pointed out that the European Union is introducing restrictive measures (sanctions) against States, organisations, legal persons or individuals under the Common abroad and safety Policy (CFSP). The legal basis for EU sanctions is Article 29 of the Treaty on European Union and Article 215 of the Treaty on the Functioning of the European Union. EU sanctions are introduced through EU Council decisions and regulations. The European Union is besides implementing the sanctions imposed by the UN safety Council. Moreover, the EU can impose its own autonomous restrictive measures. The adoption of sanctions in the field of global organisations whose members are the Republic of Poland and their implementation into Polish national law is coordinated by the Ministry of abroad Affairs. However, remember that The European Union has not yet decided to impose sanctions on Russian cereals – states MRiT
The Ministry points to the European Union's competence not to ban Russian grain imports, but in the case of Ukraine, Poland has introduced a unilateral ban, not looking at the European Commission's decision and the 2014 EU-Ukraine Association Agreement. Moreover, the government could have requested the EU to impose specified a ban, but it did not, although the Minister of Agriculture himself indicates that there is simply a Russian problem cerealsflowing into Europe and destabilising markets.
Officials may not simply want to take any action, even if they have received a draft regulation, justification and OSR prepared by the Union. Perhaps...
Despite the irrefutable work of the Russian Federation for the grain crisis, with respect to the exclusive competence of the European Union in the field of trade policy and global sanctions, as well as the deficiency of impact of grain imports from the Russian Federation on the public safety of the Republic of Poland, there is no legal basis for the Minister of improvement and Technology to take the actions indicated in the proposal – concluded by the Ministry of Development.
So Russia is liable for the destabilization of grain, but Russian grain can inactive flow to Poland, among others – concluded the Union.
Interestingly, although accusations of any pro-Russianity (coal, meetings with Le Pen), the alleged "democratic opposition" accused the government of writing, there is no voice on the issue of banning imports of Russian grain, even though it supports this proposal. And again, it turned out that everything was theatre and for show, and in practice there is something different.
