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Guidelines on prohibited artificial intelligence (AI) and customs
The annex to the “Communication to the Commission Approval of the content of the draft Communication from the Commission –Commission Guidelines on prohibited artificial intelligence practices established by Regulation (EU) 2024/1689 (AI Act)” [4.2.2025 C(2025) 884 final] highlights the role plaid by the AI Act in harmonizing the rules for the placing on the market, putting into service, and use of artificial intelligence (‘AI’) in the Union. This regulation follows a risk-based approach, classifying AI systems into four different risk categories: (i) Unacceptable risk: AI systems posing unacceptable risks to fundamental rights and Union values are prohibited. (ii) High risk: AI systems posing high risks to health, safety and fundamental…
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The legal nature of AEO between circular economy, compliance and environment protection
The AEO status represents an accidental and non-mandatory element of the customs obligation. This is given by the authorization which is the unique customs decision able to “defining and qualifying” its owner. Indeed, in this way the economic operator becomes reliable within the context of a participatory cooperation relationship with the customs administration. The AEO authorization is an administrative deed released by the national customs entity/bodies in accordance with the EU regulations. This is valid throughout the EU customs territory and, if a mutual recognition agreement is valid, also with third countries; furthermore, despite being regulated in customs regulatory acts, it is important to highlight that it constitutes an authorization…
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European artificial intelligence act and customs implications
On 9 December 2023 the European Commission published a press release on the “political agreement on Artificial Intelligence Act”. According to this document: “…The new rules will be applied directly in the same way across all Member States, based on a future-proof definition of AI….” By following a risk-based approach for which there are two main categories of risks: Minimal risk: “…The vast majority of AI systems fall into the category of minimal risk. Minimal risk applications such as AI-enabled recommender systems or spam filters will benefit from a free-pass and absence of obligations, as these systems present only minimal or no risk for citizens’ rights or safety. On a…
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AEO, customs compliance and artificial intelligence: the next frontier of the customs
The aim of this article is to start to outline and analyze the impacts of the artificial intelligence (AI) on the customs compliance and AEO. Firtsly, it could be interesting to understand the meaning of “artifical intelligence”. Indeed, according to John McCarthy (emeritus professor at Stanford University in 1955) definition, artificial intelligence is “the science and engineering of making intelligent machines”. In practical terms, artificial intelligence allows the performance of actions normally done by human intelligence. By means of algorithms, the artificial intelligence system can: Learning; Reasoning; Improve its own creativity; Self check and control. From the point of the view of the authorized economic operator (AEO), the development of …
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CBAM: list of national competent authorities
EU Commission published the first list of competent national authorities for enforcing CBAM provisions. These authorities will be responsible for granting authorisation to the importers established in their Member States to access the CBAM Transitional Registry. Austria: Customs Authority; Belgium: Federal Public Service for Health, Food Chain Safety and Environment- Climate Change Section (DG Environment). Website: https://klimaat.be/klimaatbeleid/europees/cbam and https://climat.be/politique-climatique/europeenne/cbam ; Cyprus: Ministry of Agriculture, Natural Resources and Environment Czech Republic: Ministry for Finance Denmark: Danish Energy Agency Energistyrelsen. CBAM | Energistyrelsen (www.ens.dk ) Estonia: Environmental Board Keskkonnaamet. Keskkonnaamet https://keskkonnaamet.ee/ Greece: Ministry of National Economy and Finance. (General Directorate of the Financial and Economic Crime Unit – SDOE). Point of contact…
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CBAM Belgium
The competent autority for the enforcement of CBAM( carbon borders adjustment mechanism)/MACF (mécanisme d’ajustement carbone aux frontières) is the “Service public fédéral Santé Publique, Sécurité de la chaîne alimentaire et Environnement – Direc-tion générale de l’Environnement (service Changements Climatiques)” .
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CBAM and Malta
The Competent Authority for the management of CBAM (carbon borders adjustment mechanism) in Malta is the Malta Resources Authority (MRA). Therefore, importers and indirect customs representatives shall be notified, via the appropriate customs systems, of the reporting obligations due during the transitional period.
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Customs classification, circular economy and environmental goods
The customs classification is one of the three pillars of the customs obligation. But it could play an interesting role in the enforcement of the European- and hopefully global- “green customs” Indeed, according to WCO (World Customs Organization – The fifth symposium in the WCO Symposia Series on “Visualising a greener HS to support environmentally sustainable trade”, supported by the European Union, was held on 23 January 2023) statements: sustainable goods to support a circular economy transition are increasing; the technology sector is a rapidly changing area, meaning that today’s environmentally preferable technology can quickly become obsolete and overtaken by newer and better technology; It is not possible to separately…
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Due diligence, import deforestation free goods and blockchain
The EU Regulation 2023/1115 on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010” has the following goals: minimising the Union’s contribution to deforestation and forest degradation worldwide, and thereby contributing to a reduction in global deforestation; reducing the Union’s contribution to greenhouse gas emissions and global biodiversity loss The due diligence statement requires companies to collect information, identify risks and mitigate them, organise and keep the information and evidence relating to each relevant product for a period of five years from the date of placing, making available or…
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Customs classification, relevant goods and trade compliance
The EU Regulation 2023/1115 on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010” has the following goals: minimising the Union’s contribution to deforestation and forest degradation worldwide, and thereby contributing to a reduction in global deforestation; reducing the Union’s contribution to greenhouse gas emissions and global biodiversity loss Relevant commodities and relevant products will not be placed or made available on the market or exported, unless all the following conditions are fulfilled: (a) they are deforestation-free; (b) they have been produced in accordance with the relevant legislation of…