EU Extends Duty-Free Access for U.S. Lobster Imports Under Regulation (EU) 2026/1461 – Scope Expanded to Processed Lobster

• On 30 June 2026, the Official Journal of the EU published Regulation (EU) 2026/1461, extending the 0% Common Customs Tariff on U.S.-origin lobster products and, for the first time, covering prepared or preserved lobster under CN code 1605 30 90, in implementation of the 2025 EU–US Joint Statement of 21 August 2025. [eur-lex.europa.eu], [whitehouse.gov]
• The Regulation applies retroactively from 1 August 2025 to 31 July 2030, with economic operators entitled to reimbursement of any excess customs duties paid during the interim period from 1 August 2025 to 30 June 2026. [consilium.europa.eu], [sullcrom.com]
• The Regulation contains a suspension mechanism empowering the European Commission to withdraw the duty-free treatment (in whole or in part) if the U.S. fails to implement the Joint Statement, undermines its objectives or the EU–US trade relationship, or if objective circumstances change; a Commission assessment is due by 31 January 2030. [sullcrom.com], [brusselstimes.com]

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EU formalises duty-free regime for U.S. lobster – processed lobster added to scope

On 30 June 2026, the European Parliament and the Council published Regulation (EU) 2026/1461 of 25 June 2026 on the non-application of customs duties on imports of certain goods in the Official Journal of the European Union. The Regulation reduces the Common Customs Tariff rate to 0% for imports of the live, frozen and processed lobster products listed in its Annex, classified under the specified Combined Nomenclature codes. [eur-lex.europa.eu], [eur-lex.europa.eu]

From the 2020 Joint Statement to the 2025 Framework Agreement

The measure builds on the 2020 EU–US Joint Statement on a Tariff Agreement, under which the EU had already eliminated tariffs on live and frozen lobster imports through https://eur-lex.europa.eu/eli/reg/2020/2131/oj for the period 1 August 2020 – 31 July 2025. Following expiry of that regime, the EU and the U.S. reached a new political agreement on 27 July 2025, formalised in the Joint Statement on a Framework for Reciprocal, Fair and Balanced Trade of 21 August 2025, committing the EU to reinstate and expand the duty suspension to include processed lobster. [eur-lex.europa.eu], [whitehouse.gov]

Expanded scope: CN 1605 30 90

The key novelty of Regulation (EU) 2026/1461 is the inclusion of prepared or preserved lobster classified under CN code 1605 30 90 (“Other” lobster preparations, currently subject to an erga omnes third-country duty of 20%). Under the new regime, this rate is reduced to 0% on a most-favoured-nation (MFN) basis, meaning the benefit applies to all origins, not only U.S. imports. [thetradehub.eu], [eubusiness.com]

Safeguard and suspension mechanism (Article 2)

Article 2 empowers the European Commission to suspend the duty-free treatment, in whole or in part, by means of an implementing act where:

• the United States fails to implement the 2025 Joint Statement;
• the U.S. otherwise undermines its objectives or the EU–US trade relationship;
• there are sufficient indications that such action will occur; or
• there is a change in the objective circumstances existing at the time the Joint Statement was concluded.

Any suspension remains in force only for as long as the relevant circumstances persist. As explained by Sullivan & Cromwell’s memo of 29 June 2026, the mechanism also allows action in the event of an “import-surge” causing or threatening serious injury to EU industry, triggered by the Commission or at the request of three or more Member States or affected EU producers. [sullcrom.com], [brusselstimes.com]

Retroactive reimbursement (Article 4)

Article 4 obliges Member States’ customs authorities, upon request by the economic operator concerned, to reimburse customs duties paid in excess of those applicable under the Regulation for eligible imports made between 1 August 2025 and 30 June 2026. This effectively bridges the gap between the expiry of Regulation (EU) 2020/2131 on 31 July 2025 and the entry into force of the new Regulation. [sullcrom.com], [consilium.europa.eu]

Monitoring and review (Article 5)

By 31 January 2030, the European Commission must submit an assessment of the Regulation’s effects, including any changes since 1 August 2025 in the volume and value of U.S. exports to the EU of the goods covered. Where appropriate, that assessment may be accompanied by a legislative proposal extending the Regulation. The Commission must also keep the European Parliament and the Council informed of developments in its application. [consilium.europa.eu]

Entry into force and duration

The Regulation enters into force on the day following its publication in the OJEU (i.e. 1 July 2026) and applies from 1 July 2026 until 31 July 2030, with retroactive effect for reimbursement purposes back to 1 August 2025. It sits alongside the companion “Main Regulation” adopted on the same date, which eliminates duties on U.S. industrial goods and opens tariff-rate quotas for certain U.S. agricultural and seafood products. [consilium.europa.eu], [eubusiness.com]

Practical takeaways for importers

• Review customs entries for lobster products (CN 0306, 1605 30 10 and, newly, 1605 30 90) filed between 1 August 2025 and 30 June 2026 and prepare reimbursement requests under Article 4. [sullcrom.com]
• Verify correct tariff classification and compliance with rules of origin to secure the 0% rate. [sullcrom.com]
• Monitor Commission implementing acts, as duty-free treatment may be suspended if the U.S. fails to honour its commitments under the 2025 Joint Statement. [brusselstimes.com]

Sources

• Regulation (EU) 2026/1461 – EUR-Lex [eur-lex.europa.eu]
• Council of the EU press release, 25 June 2026 [consilium.europa.eu]
• White House Joint Statement of 21 August 2025 [whitehouse.gov]
• Sullivan & Cromwell client memo, 29 June 2026 [sullcrom.com]
• Baker McKenzie Global Import Blog, 22 May 2026 [globalimpo…kenzie.com]
• Brussels Times coverage, 20 May 2026 [brusselstimes.com]