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The preferential origin, free trade agreements and customs compliance: an up-to-date overview
The judgment of the IV Chamber of the European Court of Justice C‑653/22 released on 23 November 2023 recalls that the origin is an obligation of the importer/economic operator which is required to managet it by taking a specific and professional care. The customs origin could be non-preferential and preferential one. The mentioned case law gives us the chance to go deeper with an up-to-date overview of the preferential origin. The preferential origin is an important “status” (quality) of the goods which are imported or exported from/to the European Union. For this reason, it is important to share and explain some points of the European Union Guidance on the preferential…
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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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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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EU and Ghana Rex from 20 August 2023
According to the notice “concerning valid proofs of origin for products originating in Ghana on importation into the European Union as from 20 August 2023 under the EU- Ghana stepping-stone Economic Partnership Agreement (2023/C 245/06)” published on 12 July 2023, the preferential origin for Ghanian originating goods imported into the EU will be allowed only with a statement of origin with an exporter registered (REX) in accordance with the relevant provisions of Ghanaian law. It is expempted only any consignment consisting of one or more packages containing originating products whose total value does not exceed EUR 6 000.
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Free trade agreement Switzerland Israel: list of not eligible places
On 5 July 2023 Swiss customs published the list of non eligible places (of origin) for which the free trade agreement between Switzerland and Israel (preferential origin-preferential treatment) is no applicable.
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Chile, EU modernized free trade agreement
On 5 July 2023 EU Commission declared: “…The modernised EU-Chile agreement has today taken a step towards ratification, with the Commission sending the Advanced Framework Agreement (AFA) and the Interim Trade Agreement (iTA) to the Council for authorising its signature. Once the Council gives its green light, the EU would sign the agreement with Chile…”.
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EU, New Zealand: another step done for the entry into force
The agreement between the European Union and the New Zealand has been signed. Now, it needs to be sent to the European Parliament for its consent. After the ratification process in both the EU and New Zealand, the deal enters into force.
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EU, Kenya negotiations for a free trade agreement
According to a press release of EU Parliament: On 19 June 2023, the EU and Kenya concluded negotiations on an economic partnership agreement (EPA); The text of the EPA or FTA (free trade agreement-preferential origin) includes binding provisions on trade and sustainable development; This text must be: a) gone through legal revision; b) submitted for signature and conclusion to the Council; c) signed by EU and Kenya; d) accepted by the EU Parliament; e) ratified by Kenya and the EU Member states. Futhermore, after the consent by the European Parliament, the parties may decide to provisionally apply parts of the agreement
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Free trade agreement, European Union and New Zealand
European Council as stated in the decision n. 2023/1323 of 27 June 2023 and published on 30 June 2023is authorized to sign the free trade agreement with the New Zealand. It is stated that “…The signing, on behalf of the Union, of the Free Trade Agreement between the European Union and New Zealand (‘the Agreement’) is hereby authorised, subject to the conclusion of the said Agreement…”. The compliance with the protocol of origin of the mentioned FTA is required to both claim for the preferential origin (preferential treatment) and prevent the AEO authorization from any infringiment of the required standards (article n.39 UCC). Finally, it is important to recall that…
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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.