compliance e AEO
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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…
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CBAM, authorized declarant and CBAM declaration
The authorized declaranti is obliged to perform a CBAM declaration which has to contain the following: (a) the total quantity of each type of goods imported during the calendar year preceding the declaration, expressed in megawatt hours for electricity and in tonnes for other goods; (b) the total embedded emissions, expressed in tonnes of CO2 emissions per megawatt-hour of electricity or for other goods per tonne of emissions per tonne of each type of goods; (c) the total number of CBAM certificates corresponding to the total embedded emissions. Finally pay attention to the fact that if the imported goods are processed products resulting from the inward processing procedure the authorised…
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CBAM, customs compliance and AEO: for a deeper analysis
The proposal of regulation on CBAM (Carbon border Adjustment Mechanism) at its article n.5 lists the requirements that should be meet to become an “authorized declarant” and, in other words, the owner of a specific authorization. In particular, the mentioned article: Specifies that the authorization must be released before the lodgment of the customs declaration. Only for the import of electricity is provided a derogation; The application for an authorization has to include: 1) name, addresses and contact information; 2) EORI number; 3) main economic activity carried out in the Union; 4) certification that the declarant is not subject to an outstanding recovery order for national tax debts; 5)…
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AEO and CBAM: the next steps of the European green customs
The carbon border adjustment mechanism aiming to fight the import of goods (e.g steel) which do not comply with the EU criteria of sustainability enter into force on 1.10.2023. In this interesting to recall that according to article 36 paragraph 3 of the in 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“…(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)…
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Pan-Euro-Mediterranean (PEM) Convention and trade opportunities: an update
The Pan-Euro-Mediterranean (PEM) Convention on preferential rules of origin established: a) common rules of origin; b) cumulation among the PEM Contracting parties: the EU, Switzerland, Norway, Iceland, Liechtestein, Egypt, Tunisia, Algeria, Morocco, Israel, Palestinian Authority of the West Bank and the Gaza Strip, Syria, Lebanon, Jordan, Türkiye, the Faroe Islands, the Republic of Moldova, Georgia, Ukraine, Serbia, Montenegro, Bosnia Herzegovina, North Macedonia, Albania. The aim of this free trade area is to facilitate trade and integrate the supply chains within the zone; in this context the SME (small medium enterprises) can enjoy the interesting benefit. In a nutshel: a SME (and in general any economic operator) can export from one…