compliance e AEO
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Windsor Framework: formal approval
How do you manage your business with the UK? Do you like to be up-to-date? You should know that on 24.03.2023 the Windsor Framework (for the management of the North Ireland’s borders in the trade flows between the UK and the EU) has been formally approved and ratified by both the parties. The package of measures underlying the Framework is complex: it comprises 14 separate instruments, including: a political declaration, various instruments to be confirmed by the UK and the EU in the Withdrawal Agreement Joint Committee (“WAJC“). As we informed in 9.3.2023 two different categories of customs treatment are laid down: Goods moved from Great Britain to Northern Ireland,…
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EU critical raw materials assessed for 2023
The ecological transition and its customs impacts are affected by the results of the Study on the Critical Raw Materials for the EU 2023- Final Report. This report lists the minerals to be considered as “critical”: Industrial and construction materials: aggregates, baryte, bentonite, borates, diatomite, feldspar, fluorspar, gypsum, kaolin clay, limestone, magnesite, natural graphite, perlite, phosphate rock, phosphorus, potash, silica sand, sulphur, talc; Iron and ferro-alloy materials: chromium, cobalt, manganese, molybdenum, nickel, niobium, tantalum,titanium, titanium metal, tungsten, vanadium; Precious metals: gold, silver, and Platinum Group Metals (iridium, palladium, platinum, rhodium, ruthenium); Rare earths: heavy rare earths – HREE (dysprosium, erbium, europium, gadolinium, holmium, lutetium, terbium, thulium, ytterbium, yttrium); light rare…
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EU critical raw materials act: the next steps of the EU green transition
The critical raw materials act announced on 16.03.2023 by the EU Commission is a comprehensive set of actions to ensure the EU’s access to a secure, diversified, affordable and sustainable supply of critical raw materials. The need of the EU is to mitigate the risks for supply chains related to such strategic dependencies to enhance its economic resilience; indeed, this can put at risk the EU’s efforts to meet its climate and digital objectives. This act: lists the critical raw materials( based on the final report “ Study on the Critical Raw Materials for the EU 2023”) and set up the following objectives: diversify the EU supply at least 10%…
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CBAM some customs implications
As already indicated, on October 2023 will partially enter into force the CBAM (carbon border adjustment mechanism), according to article 36 paragraph 3 of the “Proposal for a regulation of the European Parliament and of the Council establishing a carbon border adjustement mechanism (COM(2021)0564 – C9-0328/2021 – 2021/0214(COD))” published on 8.02.2023 for which“…(a) Articles 5 and 17 shall apply from 31 December 2024. (b) Articles 2(2), 4, 6, 7, 8, 9, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 31 shall apply from 1 January 2026. (c) Articles 33, 34 and 35(1), (2), (3), (4), (6) and (7) shall apply until 31 December 2025…”. From a customs point of…
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Guidelines on State aid, hydrogen, synthetic fuels and biofuels
The business relationships in the EU must be compliant with article 107 of Treaty on the Functioning of the European Union which lays down that: “….any aid granted by a Member State…in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between Member States, be incompatible with the internal market…” and again “…(b) aid to promote the execution of an important project of common European interest or to remedy a serious disturbance in the economy of a Member State; (c) aid to facilitate the development of certain economic activities or of…
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Customs duties abolition in Switzerland on 2024
According to the ordinance n. RS 632.10 released on 15.02.2023 the Swiss Customs stated that from 1.01.2024 the duties will be abolished on industrial goods. This ordinance has been published after the approval of Swiss federal Council.
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Conditions and data for the approved exporter in the EU
How can you boost your export? With the approved exporter? OK but which are the requirements to become approved exporter? According to the “ Guidance on Approved Exporters” of TAXUD the prerequirements are: frequency of consignments (except for the FTA with South Corea); the exporter should be known as reliable. A condition may be that he must not be subject to bankruptcy proceedings or being in arrears of customs duties and taxes; Any product can be covered by the authorisation where it is originating in the framework of the preferential arrangement concerned and benefits from a preferential duty rate The economic operator has to provide with these data: Data relating…
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EU Guidance on Approved Exporters
Who is the approved exporter? The approved exporter is an economic operator-based in the EU- which is authorized to certify the preferential origin himself by including a specific declaration on the invoice or another commercial document identifying the exported products. It is a status which allows: a) time saving; b) boost your export. The economic operator can be either manufacturer or trader. Except for the FTA with the South Korea which provides with only the approved exporter, it is an alternative way to prove the preferential origin status instead of applying upon each export for issue of a movement certificate EUR.1 The application for the approved exporter status is a…
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CBAM and EU traditional own resources
It is interesting to underline that the CBAM is actualy an EU own traditional resourse. It implies that the authorized importer has to implement internally any system of control and management able to avoid any infringement to the EU directive on financial interest n.2017/1371. In other words, the importer has to develop controls and monitoring based on the AEO/trade compliance approach. The EU (in “The next generation of EU own resources: Questions and Answers”) stated that: “…The carbon border adjustment mechanism (CBAM) will ensure that products imported from outside the EU incur costs for their CO2 emissions aligned with EU products that are currently subject to the EU Emissions Trading…
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CBAM, customs classification and HS code
Which are the goods covered by the CBAM? The Annex I of the regulation (proposal) lists the main categories of goods with the HS codes and the greenhouses gases related. The list, below summarized, recalls the main role played by the customs classification which is one of the three pillars (with value and origin) of the customs obligation. In other words, we have to take care of our classification becuase: a) we risk infrigement of CBAM rules; b) reduce our “reliability” (if AEO). We have to: a) monitor the internal process of customs classification; b) check the customs classification made in our behalf by other entities; c) discrepancies and audit…