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Free trade agreements, Malaysia, Indonesia and deforestation
According to Financial Times “Indonesia and Malaysia have said they will delay trade talks with the EU while they seek fairer treatment for small palm oil producers hit by the bloc’s “punitive” new rules to prevent deforestation”. Indeed, Indonesia and Malaysia have suspended trade negotiations with the EU, citing the bloc’s “punitive” new regulations on deforestation. As declared by Dato’ Sri Haji Fadillah bin Haji Yusof (Malaysia’Prime Minister) and Airlangga Hartarto (Indonesia Prime Minister) these countries are seeking fairer treatment for their small palm oil producers, who have been hit by the EU’s recent ban on importing products from land cleared of forests.
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Octroi de mer 2023 and Mayotte
Since 24 May 2023 is entered into force the new tariff of octroi de mer for Mayotte. Mayotte is part of the Overseas Departments and Regions (“DROM”, ex-DOM). This department is therefore considered an export territory vis-à-vis the EU (just like Guadeloupe, Martinique, Guyana and Réunion). Customs declarations are thus maintained in exchanges with the DROMs. Please note that goods with Unioncustoms status are not subject to EU customs duties. On the other hand, any import into DROMs may be subject to octroi de mer. The rates are specific to each DROM and depend on customs nomenclatures(RITA).
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ECJ gives the classification of tube/fitting pipes
The Judgment n. C-368/22 issued by the Sixth Chamber of the European Court of Justice states that: question: whether CN subheading 7307 22 10 must be interpreted as meaning that stainless steel tube or pipe fittings, other than cast fittings, which have an external thread and do not constitute short tube sections with an internal thread, used to join two tubes by screwing them into that fitting or by simply pushing them into that fitting, may be regarded as being ‘sleeves’ under that subheading. Main criterion: “…the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as…
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EU Customs reform, AEO and trusted operators scheme
The Commission working document “ Accompanying the document Proposal for a Regulation of the European Parliament and of the Council establishing the Union Customs Code and the European Union Customs Authority, and repealing Regulation (EU) No 952/2013…” finds out the need to implement the scheme of the AEO (trusted and checked operators) by following the following areas: ‒ AEO traders can operate under a trust and check approach if they have their electronic system interacting with the customs’ systems on a constant basis and thereby allowing customs to have access to all relevant data directly from the operators’ systems. They can self-monitor the compliance of their goods and calculate and…
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The next Union Customs code and the customs action plan
The new Union Customs Code is the answer to CAP (Customs Action Plan) by which the EU reacts to this problem: the current customs system is burdensome for legitimate trade. And customs authorities struggle in their mission to protect the EU, its financial interests, citizens, enterprises, the Single Market, and the environment. In particular, there are the points highlighted: Customs authorities struggle in their mission to protect the EU; Compliance with customs formalities is burdensome for legitimate trade; The customs model is not fit for e-commerce; Limited data quality, access, and analysis; Member States diverge significantly in the application of the customs rules. In particular, the working document reports that:…
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The context of the new Union Customs Code: the next challenges of the customs
The Commission staff working document impact assesment report “Accompanying the document Proposal for a Regulation of the European Parliament and of the Council establishing the Union Customs Code and the European Union Customs Authority, and repealing Regulation (EU) No 952/2013” has been published on 22.05.2023 and defines the context where the new Union Customs Code will be placed. This context is the Custom Union founded in 1968 which manages the external border of the EU by enforcing the rules governing the cross-border movement of goods, including by imposing a common tariff on goods imported from third countries. Customs traditionally collect customs duties and other taxes on imports and are…
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FTA between UK and Australia entered into force on 31.05.2023
According to the press release of the Austrialian department of Trade and Tourism the FTA between UK and Australia entered into force on 31.05.2023. This press release states that: “…As of today, over 99 per cent of Australian products will enter the UK duty free. These include some of our key exports, such as wine, short and medium . UK tariffs on Australian industrial goods, such as auto parts, electrical equipment and fashion items are now eliminated. Australian agricultural products, including beef and sheep meat, sugar and dairy products, will have duty free transitional quotas, with eventual elimination of all tariffs. For Australian consumers, tariffs on 98 per cent of…
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Gestione del deposito fiscale e accise
Il decreto del Ministero dell’economia e finanze del 17 maggio 2023 pubblicato in data 29 maggio 2023 recante le “Modalita’ attuative dell’articolo 23, comma 12, del Testo unico delle disposizioni legislative concernenti le imposte sulla produzione e sui consumi e relative sanzioni penali e amministrative” prevede che: il comma 4 dell’articolo 23 del TUA (decreto legislativo 26 ottobre 1995, n. 504) prevede che: “…il deposito debba effettuare forniture di prodotto in esenzione da accisa o ad accisa agevolata o trasferimenti di prodotti energetici in regime sospensivo verso Paesi dell’Unione europea ovvero esportazioni verso Paesi non appartenenti all’Unione europea, in misura complessiva pari ad almeno il 30 per cento del totale…
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EU Parliament, circular economy and import export flow
On 25.04.2023 the EU Parliament published a short report about the circular economy where it is stated that: “…The circular economy is a model of production and consumption, which involves sharing, leasing, reusing, repairing, refurbishing and recycling existing materials and products as long as possible. In this way, the life cycle of products is extended…”. Moreoever, this report, about the need of reduction of raw material dependence, hilights that The world’s population is growing and with it the demand for raw materials. However, the supply of crucial raw materials is limited; Finite supplies also means some EU countries are dependent on other countries for their raw materials. According to Eurostat,…
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Customs classification, parts and European Court of Justice
The European Court of Justice Chamber X with case n.725/21 of 9.03.2023 , stated that: in the customs nomenclature there is not a definition of ‘part’ ; part does not cover items which are not indispensable, for the completed good, to fulfil its function. It is useful to share the following points of the judgement: “….in accordance with General Rule 1 for the interpretation of the CN, the tariff classification of goods is determined according to the terms of the headings and section or chapter notes of that nomenclature. In the interests of legal certainty and ease of control, the decisive criterion for the tariff classification of those goods must…