Ukraine is set to sue Poland, Hungary and Slovakia after the eastern European Union member states announced unilateral bans on Ukrainian agricultural products, Agriculture Minister Mykola Solsky said on Monday.
“I think (it will be) in the near future,” Solsky told Reuters.
Poland, Slovakia and Hungary announced their own restrictions on Ukrainian grain imports on Friday after the executive European Commission decided not to extend its ban on imports into Ukraine's five EU neighbors.
Restrictions imposed by the European Union in May allowed Poland, Bulgaria, Hungary, Romania and Slovakia to ban domestic sales of Ukrainian wheat, maize, rapeseed and sunflower seeds, while permitting transit of such cargoes for export elsewhere.
Romania has not acted separately yet but said on Monday it may also extend the ban if import requests rise.
Warsaw, Bratislava and Budapest say they are acting in the interests of their economies and that their moves are intended to protect their farmers from a glut of products.
Politico had earlier on Monday quoted Ukrainian Trade Representative Taras Kachka as saying in an interview that Kyiv planned to sue the three countries.
"It is important to prove that these actions are legally wrong. And that’s why we will start legal proceedings tomorrow," Kachka said.
Kachka told Politico that Ukraine could also impose reciprocal measures on Poland if Warsaw did not drop its additional measures.
"We would be forced to retaliate on the additional products, and would prohibit the import of fruit and vegetables from Poland," Politico quoted him as saying.
Polish Agriculture Minister Robert Telus said Warsaw’s ban covers four cereals, but it was also extended to include meals from these cereals: corn, wheat, and rapeseed.
PAP news agency quoted Radoslaw Fogiel, the head of Poland's parliamentary foreign affairs commission, as saying Ukraine's decision to sue would "reverberate badly in Poland" and that Ukraine should be aware of this.
"Our decision is not aimed at Ukraine, it is dictated by the protection of the Polish farmer and the protection of Poland's interests," he said.
The issue is a particularly sensitive one in Poland, which is facing elections in October and where farmers are a key electorate of the ruling nationalist PiS party.
Kyiv had already said it could seek international arbitration over the restrictions.
The EU allowed its ban to expire on Friday after Ukraine said it would take measures to tighten control of exports to neighboring countries.
Ukraine was one of the world's top grain exporters before Russia's 2022 invasion reduced its ability to ship agricultural produce to global markets through Black Sea ports. Since then, Ukrainian farmers have relied on grain exports through neighboring countries.
However, the flood of grains and oilseeds into neighboring countries has impacted the income of local farmers and resulted in governments banning agricultural imports from Ukraine.
The European Union in May stepped in to prevent individual countries from acting unilaterally and imposed its own ban on imports from Ukraine into neighboring countries. Under the EU ban, Ukraine was allowed to export through those countries on condition the produce was sold elsewhere.
Kachka said Kyiv was ready to "take on the responsibility to ensure that export from Ukraine is not creating any tsunami in neighboring countries" and would impose a system of "real time" export licenses for grains.
Farm Ministry data showed 1.4 million tons of Ukrainian farm goods left the country by train in the first three months of the 2023/24 July-June season out of a total export volume of 4.5 million tons.
Ukraine ships grain by train via crossings with Poland, Slovakia and Hungary. Ukraine also shipped by rail an additional 1 million tons of oils and oilseeds.
Spain's Agriculture Minister Luis Planas Puchades said on Monday the unilateral ban by any European Union member state on Ukrainian grain imports seemed illegal, while France said European solidarity was at stake.
Speaking ahead of a planned meeting of the EU's agriculture ministers, Puchades said "it was up to the European Commission to judge" whether any EU countries had broken any laws.
France's agriculture minister Marc Fesneau criticized the moves, saying they called into question European solidarity.
"For solidarity, there needs to be unity... We must keep hold of the two elements, otherwise, the European project is at risk. The single market is a fundamental element," Fesneau said.
He added that EU ministers were working on a proposal for a nuanced exemption from fallow land rules – rather than an outright suspension – that could help alleviate the strain on farmers.
"We cannot say at the same time that we need areas to produce biomass, to produce energy, to produce biomaterials, to secure our food supplies and remain in a status quo from a CAP (Common Agriculture Policy) that was decided before the war in Ukraine, even partly before COVID," Fesneau said.
Prime Minister Marcel Ciolacu on Monday said Romania would look to extend a trade ban on Ukrainian grain for 30 days if import requests rise.
Ciolacu said Romania had not seen requests to import grain from Ukraine since Friday and did not want a repeat of the situation earlier this year that impacted the country's farmers.
About 60% of Ukraine's grains has been transiting through the EU alternative routes while 40% was still moving through the Black Sea until Moscow backed out of the U.N.- and Türkiye-brokered Black Sea grain deal in July.
Romania has become the conduit for more than 60% of Ukrainian grain moved by land.
"The Ukrainian prime minister promised to send the export licensing proposal today, which we will discuss," Ciolacu said.
"If there will be export requests to Romania I will ask the agriculture and economy ministers to draft an order extending the ban for a period of 30 days until things are clarified."
The Bulgarian parliament voted to lift its ban on Ukrainian grains last week.
The EU Commission said Ukraine agreed to introduce any legal measures including an export licensing system within 30 days to avoid grain surges.
The countries of central and east Europe have been some of Kyiv's strongest allies in its fight against Russia's invasion, but grain exports have been an area of friction.
EU Trade Commissioner Valdis Dombrovskis said on Friday countries should refrain from unilateral measures against imports of Ukrainian grain.
Ukrainian President Volodymyr Zelenskyy welcomed the EU's decision not to further extend the ban on grain exports, but said on Friday his government would react "in civilized fashion" if EU member states broke EU rules.
