• compliance e AEO

    CBAM and calculation of embedded emissions: how to do it

    The regulation draft about the management of the CBAM reporting obligations, lays down that the reporting declarant , for the calculation of embedded emissions, has to followo up one of the two methods: a) determining emissions from source streams on the basis of activity data obtained by means of measurement systems and calculation factors from laboratory analyses or standard values; (b) determining emissions from emission sources by means of continuous measurement of the concentration of the relevant greenhouse gas in the flue gas and of the flue gas flow. The tasks of the reporting declarant are part of the trade compliance on which relies the reliability of the AEO companies.

  • circular economy,  compliance e AEO,  energie rinnovabili,  free trade agreement

    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 )…

  • Uncategorized

    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…

  • compliance e AEO

    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…

  • circular economy,  compliance e AEO

    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…

  • compliance e AEO

    CBAM and penalties

    The article 16 of the document draft Ares(2023)4079551 will provide the cases where a penalty is imposed  “…(a) the reporting declarant has not taken the necessary steps to comply with the obligation to submit a CBAM report, or   (b) the reporting declarant has not taken the necessary steps to correct the CBAM report to comply with the obligations…”. The amount of the penalty, for each tonne of unreported embedded emissions shall be between EUR 10 and EUR 50. Moreover, the penalty can increase in accordance with the European index of consumer prices; in parallel, the national competent authorities may determine the exact amount based on the following criteria: “…(a)            the…

  • compliance e AEO

    CBAM and carbon price paid

    The reporting declarant has to provide in the CBAM report the following information regarding the carbon price paid in a country of origin for the embedded emissions: (a)     form of carbon price; (b)     the country of origin; (c)     any rebate or other form of compensation available in the country that would have resulted in a reduction of that carbon price; (d)     indication of the provision of a legal act providing for the carbon price, rebate, or other forms of relevant compensation, including a copy of the provision; (e)     type of product indicated by CN code; (f)     quantity of embedded emissions covered by the carbon price; (g)     quantity of embedded emissions…

  • Uncategorized

    CBAM, inward processing relief and CBAM report

    The draft [Document Ares(2023)4079551] of a regulation “…laying down the rules for the application of Regulation (EU) 2023/956 of the European Parliament and of the Council as regards reporting obligations for the purposes of the carbon border adjustment mechanism during the transitional period…” lays down the following data about the goods placed under inward processing (Article 257 of UCC) must be contained in the CBAM report:  “…  (a) the quantities of goods listed in Annex I to Regulation (EU) 2023/956 that have been released for free circulation following inward processing during that period;  (b)  embedded emissions corresponding to these quantities of goods listed in Annex I to Regulation (EU) 2023/956…

  • compliance e AEO

    CBAM: how calculate the emission

    The draft [Document Ares(2023)4079551] of a regulation “…laying down the rules for the application of Regulation (EU) 2023/956 of the European Parliament and of the Council as regards reporting obligations for the purposes of the carbon border adjustment mechanism during the transitional period…” states that the level of embedded emissions has to be calculated using one of the following methods: (a)     determining emissions from source streams on the basis of activity data obtained by means of measurement systems and additional parameters from laboratory analyses or standard values; (b)     determining emissions from emission sources by means of continuous measurement of the concentration of the relevant greenhouse gas in the flue gas…

  • compliance e AEO

    CBAM rules of application, reporting obligation and transitional period: a short check of the draft

    It is available the draft [Document Ares(2023)4079551] of a regulation “…laying down the rules for the application of Regulation (EU) 2023/956 of the European Parliament and of the Council as regards reporting obligations for the purposes of the carbon border adjustment mechanism during the transitional period…”. This document lays down that Each reporting declarant shall provide the following information: the quantity of the goods imported, expressed in megawatt hours for electricity and in tonnes for other goods; the type of goods as identified by their CN code., the country of origin of the imported goods; the installation where it was produced, identified by the following data: the applicable United Nations…