EU Envoy: Russian Grain Transit Currently Allowed to Protect Global Food Security
The European Commission, speaking for EU sanctions envoy David O’Sullivan, says transit through the EU to third countries is currently permitted to protect global food security. Latvia continues to debate banning Russian grain transit and the legal consequences.
David O’Sullivan, the European Union’s special envoy on sanctions, has told the Latvian outlet nra.lv that Russian grain transit through the EU to third countries is currently allowed in order to protect global food security. The issue is live in Latvia, where politicians, following Russia’s war against Ukraine, are discussing whether to ban such grain shipments by rail and through ports.
The Commission’s reply
The European Commission’s press service, replying on the envoy’s behalf, said it cannot comment on which measures may enter future sanctions packages. Sanctions must be adopted unanimously by all member states in the Council. A regulation on grain tariffs already applies to Russia and Belarus and has raised tariffs on imported grain to a prohibitive level. Tariffs do not apply to transit to third countries, while trade in grain from occupied Ukrainian territories is banned.
Latvian decisions and risks
On 24 September the Saeima, Latvia’s parliament, called on the government to draft rules to stop the entry of Russian and Belarusian grain, including in transit. On 1 October Estonia announced a ban on such grain transit on its territory, although transit there has been practically inactive. On 9 October the Baltic states sent a letter to EU leaders urging an EU-wide ban.
Prime Minister Andris Kulbergs said in mid-October that Latvia currently cannot impose a 300% increase in rail infrastructure fees for such transit or ban it, because trade and transit are within the EU’s exclusive competence. He noted the grain belongs to partners such as companies from the US, Switzerland and Japan. The government has been informed of a potential litigation risk of €200–800 million; Lithuania may soon have to pay €450 million.
Legal considerations
The World Trade Organization’s tariffs and trade agreement provides for freedom of transit regardless of the goods’ origin or owner. Exceptions are possible on national security grounds, but a WTO panel can review whether they are justified. If only individual countries imposed restrictions, cargoes could be rerouted to other EU ports.
