Regulation (EU) 2026/1461 of the European Parliament and of the Council of 25 June 2026, concerning the non-application of customs duties on imports of certain goods, has been published in the Official Journal of the European Union.
The Regulation sets the applicable Common Customs Tariff duties at 0% for imports into the European Union of specific lobster and spiny lobster products classified under the Combined Nomenclature codes listed in its Annex. The measure forms part of the EU’s implementation of the trade understandings reached with the United States and is intended to support continuity in the EU-US trade and investment relationship.
Suspension of customs duties on lobster imports into the EU
The suspension of customs duties on lobster imports applies to a limited list of goods covered by Regulation (EU) 2026/1461. For these products, the applicable Common Customs Tariff duty rate is set at 0%, provided that the goods are classified under the CN codes included in the Annex to the Regulation.
This measure is especially relevant for importers, customs representatives, distributors and operators involved in the seafood sector, as it may affect customs clearance, import costs and potential repayment claims for duties already paid.
Products covered by Regulation (EU) 2026/1461
The 0% customs duty rate applies to the following goods:
| CN code | Product description |
|---|---|
| 0306 11 90 | Frozen rock lobster and other sea crawfish, even smoked, whether in shell or not, including those cooked by steaming or boiling in water, excluding crawfish tails |
| 0306 12 10 | Frozen lobsters, whole, even smoked or cooked by steaming or boiling in water |
| 0306 12 90 | Frozen lobsters, even smoked, whether in shell or not, including lobsters in shell cooked by steaming or boiling in water, excluding whole lobsters |
| 0306 32 10 | Live lobsters |
| 1605 30 90 | Prepared or preserved lobster, excluding merely smoked lobster and certain cooked lobster meat used for manufacturing lobster butter, pastes, pâtés, soups or sauces |
The inclusion of CN code 1605 30 90 is particularly significant, as it extends the tariff relief to certain prepared or preserved lobster products.
Application period of the 0% customs duty rate
Regulation (EU) 2026/1461 applies from 1 August 2025 until 31 July 2030. Although the Regulation was published in the Official Journal on 30 June 2026, it applies retroactively from 1 August 2025.
This retroactive application is relevant for operators that imported covered goods during the period prior to the Regulation’s entry into force.
Repayment of customs duties paid between 1 August 2025 and 30 June 2026
The Regulation provides that, upon request by the economic operators concerned, the competent national customs authorities of the Member States must reimburse customs duties paid in excess of those applicable under Regulation (EU) 2026/1461.
This reimbursement applies to covered goods imported into the Union between 1 August 2025 and 30 June 2026.
Importers should therefore review import declarations filed during this period to identify whether any of the affected CN codes were used and whether a repayment request may be submitted.
Possible suspension of the tariff relief
The Commission may suspend, in whole or in part, the application of the 0% customs duty rate in certain circumstances.
This may occur where the United States fails to effectively implement the Joint Statement on a European Union – United States Framework on an Agreement on Reciprocal, Fair and Balanced Trade, undermines the objectives of the EU-US trade relationship, restricts access for EU economic operators to the US market, or otherwise disrupts the trade and investment relationship between the parties.
The Commission may also act where there is sufficient indication that such circumstances may arise in the future, or where objective circumstances have changed in relation to those existing at the date of the Joint Statement.
Assessment of the suspension of customs duties on lobster imports
By 31 January 2030, the Commission must present an assessment of the effects of Regulation (EU) 2026/1461. This assessment will cover changes since 1 August 2025 in the trade volumes and values of US exports to the Union of the goods classified under the CN codes listed in the Annex.
Where appropriate, the assessment may be accompanied by a legislative proposal to extend the application period of the Regulation.
Customs impact for importers of lobster products
Operators importing lobster and spiny lobster products into the EU should assess the practical impact of Regulation (EU) 2026/1461 on their customs operations.
Key points to review include the correct classification of the goods, the CN codes declared, the origin and supporting documentation, the import dates, and any customs duties paid between 1 August 2025 and 30 June 2026.
The suspension of customs duties on lobster imports may create opportunities for tariff savings and repayment claims, but its application should be verified case by case to ensure compliance with the Regulation and with customs clearance requirements.
