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The next challenge of AEO: deforestation and CBAM
Environment protection is one of the key factor of the European trade policy. This requires a strong due diligence for the import of relevant commodities and the export of relevant product to prevent deforestation and forest degradation linked to cattle, cocoa, coffee, oil palm, rubber, soya and wood trade and deployment. From the other side, from October 2023 the reporting required by the Carbon border adjustment mechanism will enter into force for the import of cement, iron and steel, aluminium, fertilisers, electricity and hydrogen. CBAM implies a good management of the following customs aspects required for the AEO: The customs classification will play an important role to well identify the…
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The ESG key legislative developments: deforestation, CBAM
ESG (environmental, social and corporate governance) is the new approach of the European trade compliance policies and is a business framework for considering environmental issues and social issues in the context of corporate governance. This means that businesses must seek greater visibility of their suppliers’ operations and ensure certain environmental, human rights and governance safeguards, including driving ESG commitments into their supply contracts. The key pieces of legislation introduced are: deforestation risks: EU Deforestation Regulation (EUDR) requires extensive due diligence obligations on the value chain for all operators and traders dealing with certain products derived from cattle, cocoa, coffee, oil palm, rubber, soya and wood. It is important to ensure…
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CBAM and penalties
The article 16 of the document draft Ares(2023)4079551 will provide the cases where a penalty is imposed “…(a) the reporting declarant has not taken the necessary steps to comply with the obligation to submit a CBAM report, or (b) the reporting declarant has not taken the necessary steps to correct the CBAM report to comply with the obligations…”. The amount of the penalty, for each tonne of unreported embedded emissions shall be between EUR 10 and EUR 50. Moreover, the penalty can increase in accordance with the European index of consumer prices; in parallel, the national competent authorities may determine the exact amount based on the following criteria: “…(a) the…
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CBAM and carbon price paid
The reporting declarant has to provide in the CBAM report the following information regarding the carbon price paid in a country of origin for the embedded emissions: (a) form of carbon price; (b) the country of origin; (c) any rebate or other form of compensation available in the country that would have resulted in a reduction of that carbon price; (d) indication of the provision of a legal act providing for the carbon price, rebate, or other forms of relevant compensation, including a copy of the provision; (e) type of product indicated by CN code; (f) quantity of embedded emissions covered by the carbon price; (g) quantity of embedded emissions…
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CBAM, inward processing relief and CBAM report
The draft [Document Ares(2023)4079551] of a regulation “…laying down the rules for the application of Regulation (EU) 2023/956 of the European Parliament and of the Council as regards reporting obligations for the purposes of the carbon border adjustment mechanism during the transitional period…” lays down the following data about the goods placed under inward processing (Article 257 of UCC) must be contained in the CBAM report: “… (a) the quantities of goods listed in Annex I to Regulation (EU) 2023/956 that have been released for free circulation following inward processing during that period; (b) embedded emissions corresponding to these quantities of goods listed in Annex I to Regulation (EU) 2023/956…
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CBAM: how calculate the emission
The draft [Document Ares(2023)4079551] of a regulation “…laying down the rules for the application of Regulation (EU) 2023/956 of the European Parliament and of the Council as regards reporting obligations for the purposes of the carbon border adjustment mechanism during the transitional period…” states that the level of embedded emissions has to be calculated using one of the following methods: (a) determining emissions from source streams on the basis of activity data obtained by means of measurement systems and additional parameters from laboratory analyses or standard values; (b) determining emissions from emission sources by means of continuous measurement of the concentration of the relevant greenhouse gas in the flue gas…
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CBAM rules of application, reporting obligation and transitional period: a short check of the draft
It is available the draft [Document Ares(2023)4079551] of a regulation “…laying down the rules for the application of Regulation (EU) 2023/956 of the European Parliament and of the Council as regards reporting obligations for the purposes of the carbon border adjustment mechanism during the transitional period…”. This document lays down that Each reporting declarant shall provide the following information: the quantity of the goods imported, expressed in megawatt hours for electricity and in tonnes for other goods; the type of goods as identified by their CN code., the country of origin of the imported goods; the installation where it was produced, identified by the following data: the applicable United Nations…
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Customs classification, relevant goods and trade compliance
The EU Regulation 2023/1115 on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010” has the following goals: minimising the Union’s contribution to deforestation and forest degradation worldwide, and thereby contributing to a reduction in global deforestation; reducing the Union’s contribution to greenhouse gas emissions and global biodiversity loss Relevant commodities and relevant products will not be placed or made available on the market or exported, unless all the following conditions are fulfilled: (a) they are deforestation-free; (b) they have been produced in accordance with the relevant legislation of…
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Customs declaration, judgment, excess of goods and European Court of justice judgment
The ECJ in this judgment (Fifth Chamber) 8 June 2023 C‑640/21 established that articles 173 [Amendment of a customs declaration] and 174 [Invalidation of a customs declaration] of Union Customs Code “UCC”, after both the lodgment of customs declaration and the release of goods, are not applicable when the declarant reports a quantity of goods in excess. In other words, if the quantity of imported goods is greater than that set out in the customs declaration, the declarant is required to make a new declaration in respect of that excess quantity. At their turn, the national customs authorities are are led to apply national legislation providing for penalties in accordance…
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New EU regulation on deforestation and forest degradation products free: a short introduction
On 9 June 2023 the EU regulation 2023/1115 “on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010” has been published in the EU official journal. Some of the key-concepts of this legal source are: according to FAO (food and agricolture organization) the deforestation and forest degradation are taking place at an alarming rate; Deforestation and forest degradation contribute to the global climate crisis in multiple ways; Climate breakdown induces the loss of biodiversity globally and biodiversity loss aggravates climate change; Biodiversity is essential for the resilience of ecosystems…