free trade agreement
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New GSP framework, sustainable development and good governance: a short check
The new GSP regulation -to be adopted within the 2027- mantains: the three group of beneficary countries: “…The scheme provides for the following tariff preference arrangements: (a) a standard arrangement (‘Standard GSP’); (b) a special incentive arrangement for sustainable development and good governance (‘GSP+’); (c) a special arrangement for the least-developed countries (Everything But Arms (‘EBA’))…”; The difference between the sensitive and non sensitive goods; The nature of unilateral preferential treatment for goods originating from eligible countries; The list of commodities (HS codes); The need of formalities. The import operations from GSP countries can impact on the AEO internal monitoring.
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New EU GSP: proposal for postponement to 2027
The current European generalized system of preferences (GSP) should be extended to 2027 according to proposal of regulation of EU Parliament and Council. In particular, this proposal ( 4 July 2023- COM 426 2023/0252 COD ) lays down that: “…the period of application of Regulation (EU) No 978/2012 should be extended until 31 December 2027…”; “…If the publication takes place after 31 December 2023, this Regulation shall apply retroactively from 1 January 2024…”; “…in case the Regulation based on Commission Proposal COM(2021)579 becomes applicable before that date, the extension of the period of application of Regulation (EU) No 978/2012 should be correspondingly shortened…”. For sake of completness, the Commission Proposal COM(2021)579 provides…
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EU, Kenya negotiations for a free trade agreement
According to a press release of EU Parliament: On 19 June 2023, the EU and Kenya concluded negotiations on an economic partnership agreement (EPA); The text of the EPA or FTA (free trade agreement-preferential origin) includes binding provisions on trade and sustainable development; This text must be: a) gone through legal revision; b) submitted for signature and conclusion to the Council; c) signed by EU and Kenya; d) accepted by the EU Parliament; e) ratified by Kenya and the EU Member states. Futhermore, after the consent by the European Parliament, the parties may decide to provisionally apply parts of the agreement
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ESA countries and last negotiations round
In the report of the last virtual meeting held in March 2023 by ESA countries (Zimbabwe, Comoros, Madagascar, Mauritius, Seychelles) and the EU it is stated that: About the technical barriers to trade (TBT): “…Both Parties had a constructive exchange on the outstanding issues, i.e. conformity assessment procedures, technical regulations and technical assistance…” Rules of Origin: “… The Parties continued discussions on the product specific rules (PSR) and agreed on most of the PSR for textiles and clothing and industrial products. Both sides continued discussions on outstanding provisions of Protocol 1 related to wholly obtained goods, cumulation of product origin, accounting, segregation and transitional provisions and managed to clean the…
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Ghana, ESA country and REX for EU preferential origin
According to the FTA with the EU and ESA 5 countries (Zimbabwe, Comoros, Madagascar, Mauritius, Seychelles) the goods originating from Seyshelles since 01 July 2023 have to be accompanied by a statement of origin with REX number. While, from 20 August 2023 the goods originating from Ghana-according to the FTA between this African country and the EU- will need the statement of origin with REX number. REX (registered exporter) is a system of certification of origin of goods based on a principle of self-certification.
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Japan European Union free trade agreement and new geografical indications: food, wine and spirits
The European Commission decision n. 2023/1313 of 22 June 2023 “ approving, on behalf of the European Union, the amendments to Annex 14-B of the Agreement between the European Union and Japan for an Economic Partnership…” entitles the Joint Committee (for the free trade agreement EU-Japan) to: Modify the annex 14-B of the Economic Parthership Agreement (EPA) between the European Union and the Japan; Add under the protection of the intellectual property rights the following European geografical indications (GI): Korčulansko maslinovo ulje, Époisses, Mont d’Or, Vacherin du Haut-Doubs, raclette de Savoie, Lakonia, Cotechino Modena, Finocchiona, Limone di Siracusa, Ajo Morado de Las Pedroñeras, Arzúa-Ulloa, Melocotón de Calanda, Queso de Valdeón,…
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Free trade agreement, European Union and New Zealand
European Council as stated in the decision n. 2023/1323 of 27 June 2023 and published on 30 June 2023is authorized to sign the free trade agreement with the New Zealand. It is stated that “…The signing, on behalf of the Union, of the Free Trade Agreement between the European Union and New Zealand (‘the Agreement’) is hereby authorised, subject to the conclusion of the said Agreement…”. The compliance with the protocol of origin of the mentioned FTA is required to both claim for the preferential origin (preferential treatment) and prevent the AEO authorization from any infringiment of the required standards (article n.39 UCC). Finally, it is important to recall that…
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Israele, origine preferenziale e attestazione d’origine
Dal 16 marzo 2023 per poter ottenere l’origine preferenziale (accordo UE- Israele) è necessario indicare nella dichiarazione doganale il codice certificato Y864 (vuol dire: “La prova dell’origine indica che la produzione che determina l’origine non ha avuto luogo all’interno dei territori che dal giugno 1967 si trovano sotto il controllo dell’amministrazione israeliana”). Senza tale certificato l’attestazione d’origine viene rifiutata. Per facilitare i controlli doganali, è stata inserita la nota CD906, collegata a questa misura, che inoltre indica l’elenco delle località non ammissibili coni relativi codici postali consultabile all’indirizzo: http://ec.europa.eu/taxation_customs/customs/technical-arrangement_postal-codes.pdf“.
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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).