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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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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.
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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 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…