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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…
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Due diligence batteries, critical raw materials and AEO
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 will apply to: all categories of batteries placed on the market or put into service within the Union, regardless of whether they were produced in the Union or imported; regardless of whether a battery is incorporated into appliances, light means of transport or other vehicles or otherwise added to products or whether a battery is placed on the market or put into service within the Union on its own; regardless of whether a battery is specifically designed for a product or is…
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USA, trade policy and deforestation
On 31 May 2023 has been published the report to the President “Reducing international deforestation through US government international programming, assistance, finance, investment, trade and trade promotion”in response to E.O 14072 (Stopping International Deforestation). This document provides a picture of the US policies to block the deforestation/forest degradation. The preferential trade agreements (free trade agreement) play a key role in the enforcement of the commitment against the illegal deforestantion. Indeed, in the “section 2: trade agreements” “(ii) Address deforestation and land conversion risk in new relevant trade agreements and seek to address such risks, where possible, in the implementation of existing trade agreements” this report states that “…The U.S. has…
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The customs aspects of the batteries/waste of batteries regulation
The new regulation (batteries and waste of batteries) should be a good basis for the a new approach to customs; the key stones are: circular economy, trade compliance and sustainable development against environment destruction, deforestaion, climate crisis and pollution. Indeed, from a customs/customs compliance perspective, it is interesting to take into account that the protocol of origin of the free trade agreements (FTA) inked by the European Union usually lays down rules of origin which classify the waste/scramps (generated in the EU) as “originating material” of the European Union. Futhermore, the obligation to develop a reliable system of recycling of some materials contained by the batteries (cobaltum, lithium, nickel )…
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CBAM guide provided by French Department of Ecology
The French Department of Ecology released and interesting and complete guide of CBAM compliance. The CBAM (in French: MACF mécanisme d’ajustement carbone aux frontières ) is a new form of trade compliance to be encompassed within the AEO approach.
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CBAM Sweden Tax Customs Department
The Swedish Tax and Customs Department in its presentation of July 2023 undelined that the CBAM (carbon border adjsutment mechanism) will be enforced with “…Secondary legislation – supplement framework Adopted by EU Commission based on empowerments in CBAM Regulation, prepared by CBAM Committee (Member States Representatives) and stakeholder views; 12 implementing acts, to ensure detailed uniform application One on methods for reporting during transitional period; as soon as possible (July 2023); 11 others (sufficiently prior to 1 January 2026) 4 delegated acts – reflect certain developments E.g. circumvention, adding countries to list of countries excluded from CBAM fulfilling certain criteria, such as linking to EU ETS…”
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Customs classification, AEO and audit for compliance
Customs classification is one of the fundamental pillar for the determination of the customs debt and represents a process of a technical nature and judges aimed at identifying a good in a customs heading of the combined nomenclature system (CN). Section X of the Court of Justice of the European Union with judgment of 15 June 2023 C-292/22 stated that: “…The explanatory notes of the HS (harmonised system) and of the CN, although they do not have binding effect, they constitute important tools to ensure uniform application of the Common Customs Tariff and, as such, provide useful elements for the interpretation of the same…” ; “… even when a method…