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    15.09.2026

    EU–US TARIFF AGREEMENT: THE NEW REGULATIONS AND THEIR SAFEGUARD ARCHITECTURE


    On 30 June 2026, the Official Journal of the European Union published two regulations implementing the tariff commitments set out in the EU–US Joint Declaration of 21 August 2025: Regulation (EU) 2026/1455, which eliminates residual customs duties on US industrial products and grants preferential access for selected US fishery and agricultural goods; and Regulation (EU) 2026/1461, which extends the suspension of duties on imports of American lobster, including processed lobster.

    The two instruments are best understood not as a comprehensive trade agreement - they fall well short of the scope envisaged by the now-defunct TTIP negotiations - but as a targeted tariff arrangement embedded within a broader framework of conditional reciprocity.

    Regulation 2026/1455 applies from 1 July 2026 until 31 December 2029, removing residual customs duties on US industrial products and introducing preferential tariff treatment for a defined range of non-sensitive US agricultural and fishery products. Regulation 2026/1461, concerning lobster imports specifically, applies retroactively from 1 August 2025 through 31 July 2030 - an unusual temporal reach that reflects the political significance attached to this product category in transatlantic trade relations.

    That tariff opening, however, comes with strings attached: the EU has built a layered safeguard architecture. A general safeguard allows the Commission to suspend the regulations, in whole or in part, where a significant increase in US imports causes or threatens to cause serious injury to EU producers - on referral by at least three Member States, EU industry, trade unions or the Commission itself. A second, more targeted layer applies to steel and aluminium: concessions on those products may be suspended if, by 31 December 2026, the United States continues to apply tariffs exceeding 15% on EU exports in those categories - making the European opening explicitly contingent on reciprocal restraint. Overlaying these safeguards, the arrangement is subject to an initial review six months after entry into force, followed by quarterly reviews and a comprehensive evaluation six months before expiry; it will lapse at the end of 2029 unless renewed.

    For European businesses - and for their US counterparts exporting to the EU - the immediate consequence is a reduction in tariff costs across a defined but limited range of product categories. The conditionality embedded in the safeguard architecture, however, means that operators cannot treat these concessions as stable, long-term planning parameters: the steel and aluminium clause, in particular, introduces a binary risk, since a failure by the United States to bring its tariffs below the 15% threshold by year-end would trigger the withdrawal of the corresponding EU concessions, potentially disrupting supply chains that have already adjusted to the lower tariff levels.

    The arrangement also carries a broader strategic signal: by framing these regulations as the implementation of a joint declaration rather than as a standalone free-trade agreement - and by explicitly distinguishing them from the more ambitious TTIP model - the EU has preserved maximum flexibility to deepen, extend or withdraw the concessions depending on the evolution of the transatlantic relationship, without the institutional and procedural constraints of a formal international agreement.

    For businesses, tariff planning in the EU–US corridor is therefore set to remain a matter of ongoing monitoring rather than settled expectation.

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