Beef Against EU Ban on US Beef Imports May Spur Tariffs

The Office of the United States Trade Representative (USTR) is taking action against what it calls “the European Union’s (EU) unfair trade practices that it discriminate against US beef imports.” Acting on the request of the United States beef industry, it has scheduled a public hearing and is seeking comments in connection with the EU’s ban on most US beef products.

According to the USTR, the EU’s prohibition of US beef imports is not based on sound science and discriminates against American beef farmers, ranchers, and producers. If the trade action resumes, the United States would reinstate industry-supported tariffs on a list of EU products imported into the United States. The USTR is particularly interested in comments addressed to the possible effects of reinstatement on US consumers and small- or medium-sized businesses.

Michael Froman official portraitUSTR Ambassador Michael Froman"The WTO determined that the European Union's ban on US beef imports violates its international trade obligations," said USTR Ambassador Michael Froman. "The EU has failed to live up to assurances to address this issue, and it's now time to take action. Our action holds the EU accountable and is an important step in encouraging the Commission to come back to the table to ensure that American ranchers have access to Europe's market and that European consumers have better access to high-quality US beef."

In 1998, the EU lost a case at the WTO for banning American beef. In 2009, the US negotiated an agreement to allow a modest degree of market access for specially produced beef that meets the EU's standards, but that agreement has not worked as intended.

“The European Commission had argued that this issue should be resolved through T-TIP. However, given that European officials decided after their trade minister's meeting in September not to complete T-TIP this year, now is the time to take action,” said Froman.

The US beef industry exports an average $6 billion worth of product per year. These exports produce an estimated $7.6 billion in economic activity and support 50,000 jobs nationwide.

"American ranchers raise some of the best beef on the planet, but restrictive European Union policies continue to deny EU consumers access to US beef at affordable prices. For several years we have been asking the EU to fix an agreement that is clearly broken, despite its original promise to provide a favorable market for US beef,” said Agriculture Secretary Tom Vilsack.

An interagency committee of trade experts and economists will participate in the hearing and review public comments on the particular products and EU member States that may be subject to the imposition of additional duties, with the goal of resolving this dispute. Complete information on the submission of comments is set forth in a Federal Register Notice that is published on the USTR website (www.ustr.gov).

"There is no doubt that American beef products are safe. The 20-year EU ban has been in effect far too long. It is not based on fact and should be lifted," said House Agriculture Committee Ranking Member Collin Peterson. "The beef industry is an important contributor to our nation's economy, especially rural economy. This announcement is welcome news for America's beef producers."

Additional Background

The US beef industry’s request is based on a 1998 WTO ruling in the EU beef dispute that the European ban on the import of meat and meat products from animals treated with certain hormones was not supported by scientific evidence and thus violated WTO obligations.  In 1999, the WTO authorized the United States to impose additional tariffs on EU products with a total annual trade value of $116.8 million. Consistent with this authorization, the US imposed additional duties on products from certain EU member States.

In 2008, the WTO confirmed that the United States has a continuing right to impose trade measures until the EU beef dispute is resolved. In January 2009, the USTR announced a decision to change the products subject to additional duties, consistent with the list of products approved by the WTO in 1999.  The USTR delayed the decision, however, to permit further negotiations with the EU to resolve the dispute. 

In May 2009, the United States and the EU signed an MOU under which the EU agreed to create a new duty-free quota for imports of specially produced beef.  Since 2009, in exchange for the elimination of increased US tariffs on EU imports, the MOU has provided an opportunity for US producers to export additional beef to the EU market, as intended by the parties.  However, in recent years the U. beef industry has been prevented from gaining the intended benefits from the MOU because of increased imports under the duty-free quota from non-US suppliers.