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Circular economy, free trade agreement and AEO
The OECD report (2020) International trade and the circular economy underlines that: “…At the regional level, different economies are considering including circular economy provisions in free trade agreements (FTAs). In order to implement these provisions, it is necessary to better understand the interrelations between trade and circular economy…”; “…Transitioning towards a more resource efficient and circular economy provides a way to decrease material use and reduce associated environmental impacts across the value chain. A resource efficient circular economy has broad interlinkages with international trade through global supply chains, end-of-life value chains, and services trade…”; “…thus, facilitating trade is important to support refurbishment and remanufacturing activities. Barriers in bringing back a…
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Delega fiscale, sanzioni, AEO, compliance e affidabilità
Il 4 agosto 2023 è stato approvato il disegno di legge sulla delega fiscale (disegno di legge AC 1038-B del 23 marzo 2023) in materia di riforma del sistema fiscale e doganale italiano. Questa legge prevede che il Governo adotti entro 24 mesi, uno o più decreti legislativi recanti la revisione del sistema tributario nel rispetto dei principi costituzionali, nonché del diritto dell’Unione europea e internazionale. Per quanto riguarda il settore doganale e quello della tassazione ambientale (accise ed imposte di consumo) gli aspetti di maggiore rilevanza sono: a revisione delle disposizioni in materia di accisa e delle altre imposte indirette sulla produzione e sui consumi; sanzioni doganali; motivazione degli…
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OECD, AEO and goods and services in international trade
Our focus into AEO and customs compliance brings us to read and share (very shortly) the very interesting OECD Policy paper n.274/2023 “interactions between goods and services in international trade” which: “…examines whether the customs valuation systems and rules of origin are sufficiently attuned to the changing landscape of commercial realities characterised by new and diverse configurations of goods-services trade…”; “…suggests that, while goods-services interactions in international trade do not require a radical restructuring of existing trade law, challenges for the current approaches and practices for customs valuation and origin determination call for policy solutions specific to each type of goods-services configuration…”; Identifies and distinguishes the following trade configurations (goods-services)…
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CBAM and French customs
The French Customs shared in its website some contacts about the CBAM. In particular, questions.MACF@developpement-durable.gouv.fr for the environmental goals; MACF@dgtresor.gouv.fr for the trade policy issues; dg-comint2@douane.finances.gouv.fr for the customs and compliance issues. The CBAM is a new obligations of EU importer of some goods and requires an approach based on the compliance of AEO (OEA in French).
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UE and antidumping priciples
Under EU law, anti-dumping measures may be imposed only if: Imports into the EU are found to be dumped; The dumped imports have caused or threaten to cause injury to the relevant Union industry; and The imposition of anti-dumping measures would not be against the Union interest. In reaching the above findings, the Commission must observe applicable procedural requirements, including the due process rights of interested parties. The anyidumping duties management is an important task for the economic operator and the AEO which have to: indicate it in the self assessment questionnaire; Monitor/track; to be able to check the made in of the goods imported.
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New elements of the modernized FTA EU Chile
The main aspects of the modernized FTA (free trade agreement) between the UE and the Chile are: accounting segregation for fungible materials; non alteration principle; claim for preferential tariff treatment by means of either statement of origin (with REX for EU economic operators) or importer knowledge; requirement of record keeping; bilateral cumulation EU-Chile; right of the parties to study more complex ways of cumulation. The AEO authorization can support the economic operator in ensuring high compliance with the obligations of the FTA.
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Batteries and UN regulations
The international framework of the draft of regulation of the European Parliament and of the Council concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC, is made by the following regulations: United Nations Guiding Principles on Business and Human Rights; the Ten Principles of the United Nations Global Compact; the United Nations Environment programme (UNEP) Guidelines for Social Life Cycle Assessment of Products; the International Labour Organisation (ILO) Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy; the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises and the OECD Due Diligence Guidance for Responsible Business Conduct; the OECD Due…
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AEO and obligations of importer of batteries
According to the European batteries framework, the importers has to place on the market a battery which is compliant with Articles 6 to 10 and Articles 12, 13 and 14 of the regulation. In particular, before placing a battery on the market, importers shall verify that: the EU declaration of conformity and technical documentation referred to in Annex VIII (Conformity assessment procedures) have been drawn up and that the relevant conformity assessment procedure has been carried out by the manufacturer the battery bears the CE marking referred and is marked and labelled in accordance with Article 13; the battery is accompanied by the documents required pursuant to Articles 6 to…
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Compliance, importer and battery extended producer responsability
The new regulation on batteries lays down the definition of producer and extended responsability and provides with the following definitions: Producer is: any manufacturer, importer or distributor or other natural or legal person that, irrespective of the selling technique used, including by means of distance contracts, either: (a) is established in a Member State and manufactures batteries under its own name or trademark, or has batteries designed or manufactured and supplies them for the first time under its own name or trademark, including those incorporated in appliances, light means of transport or other vehicles, within the territory of that Member State; (b) is established in a Member State and resells…
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Due diligence, AEO and batteries compliance
The regulation of batteries imposes due diligence obligations on economic operators placing batteries on the market or putting them into service. It covers: all categories of batteries (portable batteries, starting, lighting and ignition batteries, SLI batteries, light means of transport batteries, LMT batteries, electric vehicle batteries and industrial batteries, regardless of their shape, volume, weight, design, material composition, chemistry, use or purpose. The batteries that are incorporated into or added to products or that are specifically designed to be incorporated into or added to products. The key principles are: sustainability, safety, labelling, marking and information to allow the placing on the market or putting into service of batteries within the…