compliance e AEO
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CBAM approved by the EU Council
On 25 April 2023 the EU Council adopted the CBAM Carbon Border Adjustment Mechanism regulation (togheter with other measures). The vote in the Council is the last step of the decision-making procedure. To enter into force, the regulation will be: signed by the Council and the European Parliament; published in the EU’s Official Journal The other measures adopted are: a) the revision of the ETS Directive; b) the amendment of the MRV shipping Regulation; c) the revision of the ETS Aviation Directive; d) regulation establishing a Social Climate Fund
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F-gas, Paris agreement and reduction of allowed quotas
The EU Regulation n. 2023/857 of 19 April 2023 establishes: a) reduction of allowed quota of F-Fas; b) rules/obligations more strict for the Member States. In particular, this regulations recognizes that: The Parties to the Paris Agreement have agreed to hold the increase in the global average temperature well below 2 °C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5 °C above pre-industrial levels; European Union has in place a regulatory framework to achieve the 2030 greenhouse gas emission reduction target of at least 40 % that was endorsed, before the entry into force of the Paris Agreement, by the European Council in 2014;…
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Import, trade compliance and deforestation: check on the relevant commodity
How will work the regulation on the goods relesead by improving the deforestation of third countries? The regulation: list the relevant commodities and products; Lays down that the relevant commodities can be placed or made available on or exported outside the EU market, if they comply with the following three conditions. These conditions are: -the goods must be “deforestation-free”; it means that: 1) the menttioned goods were produced on land that has not been subject to deforestation after 31 December 2020; 2) that the harvested wood did not induce forest degradation after 31 December 2020; -the goods must be produced in line with the relevant legislation of the country of…
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F-gas, trade compliance, AEO and environnement protection
The Judgment of the General Court (First Chamber, Extended Composition) issued on 22 March 2023 for the joined cases T‑825/19 and T‑826/19 established that “…under Article 16(3) of Regulation No 517/2014, any undertaking, understood as a natural or legal person taken individually, which lawfully placed HFCs on the market from 1 January 2015 and made the declaration provided for in that regulation is entitled to a reference value upon the triennial recalculation of the reference values. However, by providing that several undertakings having the same beneficial owner are, under certain conditions, to be considered as one single undertaking for the purposes of Regulation No 517/2014, Article 7(1) of Implementing Regulation…
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100% made in Italy: un boost per vendere all’estero
Il marchio “100% Made in Italy” o “full made in Italy” è una certificazione che qualifica il prodotto come interamente disegnato, progettato, realizzato e confezionato nel territorio italiano Determinazione dell’origine non preferenziale o made in ai sensi delle norme doganali vigenti (regolamento 2013/952 recante il codice doganale dell’Unione europea); essere disegnato, progettato, realizzato e confezionato esclusivamente sul territorio italiano; il marchio viene rilasciato dall’Istituto Tutela Produttori Italiani; E’ possibile utilizzare materie prime dall’estero a condizione che si tratti comunque di “Materiali naturali di Qualità”. L’uso abusivo del marchio “100% Made in Italy” o “full made in Italy” integra il reato di contraffazione (articolo 517 del codice penale). La compliance e…
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EU regulation on deforestation-free products
On 19 April 2023, the European Parliament approved the regulation on deforestation-free products which: prohibits the placement of a number of agricultural and livestock products originating from deforested or degraded forest areas on the EU market; is part of European Green Deal; bloks imports associated with deforestation, particularly cattle (whether live, meat or leather), cocoa, coffee, palm oil, soy, timber and rubber. Now it is expected the endorsement by the European Council. The regulation will effectively be implemented 18 months after it comes into force. During this period, the European Commission will adopt implementing acts enabling member states and their respective customs authorities to apply the regulation, and also initiate…
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CBAM approved by EU Parliament. Next step: EU Council approval
On 18.04.2023, the EU Parliament approved the carbon border adjustment border mechanism (CBAM) together with other measures. Now, the mentioned measures must be formally endorsed by the EU Council. They will then be published in the EU Official Journal and enter into force 20 days later. In other words, as it is possible to read on the EU Parliament website: “…In adopting these pieces of legislation, Parliament is responding to the expectations of citizens for the EU to accomplish and speed up the green transition as expressed in Proposals 3(1), 3(8), 3(9), 11(1) and 11(7), of the conclusions of the Conference on the Future of Europe…”. The AEO will be…
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Swiss Customs: permeability priciple, new PEM rules and supplier origin declaration
The ordinance n. RS/946.32 issued on 23.05.2012 by the Swiss Customs on the “origin declarations and statement of origin” has been modified and updated on 5.04.2023 with reference to the permeability of the new PEM rules with the old ones. In a nutshell, this amendment: Is valid only for origin declarations provided by suppliers based in the Swiss customs territory; Covers the goods falling in the some HS codes (whose we mention the ones listed under the HS chapter from25 to 97); Is focused on the permeability of transitional rules. Permeability means that I can calculate the preferential origin of a goods by considering both the supplier’s declarations with the…
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Raw materials: due diligence of the importer
As we indicated , on 16.03.2023, the European Commission (“Commission”) proposed a set of actions in order to ensure the European Union’s secure and sustainable access to critical raw materials, which is essential for the European Union to succeed in its green and digital transitions (for example: chemicals for the batteries). The Proposed Regulation aims to address supply risks in critical raw materials by (i) building the European Union’s capacity to supply critical raw materials through extraction, processing and recycling; (ii) diversifying external supplies of those materials; (iii) monitoring and mitigating existing and future supply risks; and (iv) ensuring the free movement of critical raw materials in the…
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Italy, AEO and whistleblowing
The self-assessment questionnaire for the AEO the requires, among other data, some information about the internal management of the whistleblowing for customs topics. It should be up-date in the light of Legislative Decree no. 24/2023 (the Italian Whistleblowing Legislation) implementing EU Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 (the EU Whistleblowing Directive). The Italian whistleblowing legislation aims at protecting those who report violations of EU law and expanding the scope of the EU Whistleblowing Directive breaches of national legislation.