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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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The next challenge of AEO: deforestation and CBAM
Environment protection is one of the key factor of the European trade policy. This requires a strong due diligence for the import of relevant commodities and the export of relevant product to prevent deforestation and forest degradation linked to cattle, cocoa, coffee, oil palm, rubber, soya and wood trade and deployment. From the other side, from October 2023 the reporting required by the Carbon border adjustment mechanism will enter into force for the import of cement, iron and steel, aluminium, fertilisers, electricity and hydrogen. CBAM implies a good management of the following customs aspects required for the AEO: The customs classification will play an important role to well identify the…
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The ESG key legislative developments: deforestation, CBAM
ESG (environmental, social and corporate governance) is the new approach of the European trade compliance policies and is a business framework for considering environmental issues and social issues in the context of corporate governance. This means that businesses must seek greater visibility of their suppliers’ operations and ensure certain environmental, human rights and governance safeguards, including driving ESG commitments into their supply contracts. The key pieces of legislation introduced are: deforestation risks: EU Deforestation Regulation (EUDR) requires extensive due diligence obligations on the value chain for all operators and traders dealing with certain products derived from cattle, cocoa, coffee, oil palm, rubber, soya and wood. It is important to ensure…
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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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EU Parliament, circular economy and import export flow
On 25.04.2023 the EU Parliament published a short report about the circular economy where it is stated that: “…The circular economy is a model of production and consumption, which involves sharing, leasing, reusing, repairing, refurbishing and recycling existing materials and products as long as possible. In this way, the life cycle of products is extended…”. Moreoever, this report, about the need of reduction of raw material dependence, hilights that The world’s population is growing and with it the demand for raw materials. However, the supply of crucial raw materials is limited; Finite supplies also means some EU countries are dependent on other countries for their raw materials. According to Eurostat,…
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Plastic Pollution, Joint Ministerial Statement INC-2 and customs compliance
On 26.05.2023 the Intergovernmental Negotiating Committee (INC-2) to develop a legally binding instrument on plastic pollution, including in the marine environment released a Joint Ministerial Statement INC-2 whose points are: This committee calls for the overarching objective of the treaty to be to end plastic pollution from all sources to protect the environment and human health. Reinforcement of commitment to ending plastic pollution by 2040; Development of common legally binding obligations and control measures for Parties to the treaty, and to cooperate with stakeholders and other partners to ensure alignment of efforts with the objective and approaches of the treaty, in order to end plastic pollution; binding provisions in the…
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Plastic Pollution, Joint Ministerial Statement INC-2 and customs compliance
On 26.05.2023 the Intergovernmental Negotiating Committee (INC-2) to develop a legally binding instrument on plastic pollution, including in the marine environment released a Joint Ministerial Statement INC-2 whose points are: This committee calls for the overarching objective of the treaty to be to end plastic pollution from all sources to protect the environment and human health. Reinforcement of commitment to ending plastic pollution by 2040; Development of common legally binding obligations and control measures for Parties to the treaty, and to cooperate with stakeholders and other partners to ensure alignment of efforts with the objective and approaches of the treaty, in order to end plastic pollution; binding provisions in the…
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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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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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EU critical raw materials assessed for 2023
The ecological transition and its customs impacts are affected by the results of the Study on the Critical Raw Materials for the EU 2023- Final Report. This report lists the minerals to be considered as “critical”: Industrial and construction materials: aggregates, baryte, bentonite, borates, diatomite, feldspar, fluorspar, gypsum, kaolin clay, limestone, magnesite, natural graphite, perlite, phosphate rock, phosphorus, potash, silica sand, sulphur, talc; Iron and ferro-alloy materials: chromium, cobalt, manganese, molybdenum, nickel, niobium, tantalum,titanium, titanium metal, tungsten, vanadium; Precious metals: gold, silver, and Platinum Group Metals (iridium, palladium, platinum, rhodium, ruthenium); Rare earths: heavy rare earths – HREE (dysprosium, erbium, europium, gadolinium, holmium, lutetium, terbium, thulium, ytterbium, yttrium); light rare…