Customs Compliance & Risk Management

Customs Compliance & Risk Management
2023
October/November
Journal for practitioners in Europe
Issue 23
ISSN 2669-2171
October / November 2023
Enrika Naujokė

Editor's message

Enrika Naujokė

Member of the Editorial Board

Dear Reader,

Compliance with customs regulations is based on four pillars. The three classic ones - classification, valuation, origin. And the non-tariff measures, with sustainability at its core. This pillar is the most recent one. It changes the other three considerably. For example, customs are increasingly faced with the dilemma of figuring out how a product should be classified and treated - as waste or as a reusable/ recyclable product? The origin of goods is no longer about rules of origin; it is also about issues such as forced labour or carbon emissions, and the new term ‘deep origin’ has emerged. 

Non-tariff measures are the core topic of this issue: in the articles we explain the background - what purpose they fulfil and what impact they have on trade - and discuss the biggest challenges of this year. International sanctions are one of them and also the fight by customs against their circumvention through the introduction of various national measures. With regard to the latter, the question arises as to where to draw the line between non-tariff measures and non-tariff barriers. We analyse the national measures in Bulgaria and Latvia. 

The Combined Nomenclature 2024 is another important topic. We provide an overview of the changes. And draw your attention to the communication that sets out which binding tariff information decisions have become invalid. The aim of this action is to harmonise the rules worldwide, which would be of great benefit. But what does it look like in practice? The figures speak for themselves: there are EU member states in which the number of BI decisions on origin is zero. Why businesses do not use this tool? We take a look at the reasons for this. 

However, as we close 2023 with this issue, we want to remain optimistic. There is a German motto 'Zoll ist toll', which means 'customs is cool'. And indeed, it is! For many reasons. We invited Rainer Wilms, Head of European Customs at DB Schenker Europe GmbH, to share his views with us. We also invite you to think about it: what is ‘cool’ about customs for you? And when the times get tough, you might remember the words of Mr Wilms: ‘Don't think about what others should be doing differently. Think about what you can do differently to make a change for yourself and maybe the customs world.’

We wish you and and all CCRM readers that 2024 will be the year of small but important changes that will really make a difference for the better in the long term - for you and for the world of customs!

Enjoy reading this issue!

Enrika Naujoke
CEO of CustomsClear, Lithuania
Member of the Editorial Board

Read more

Case law

CJEU on the right to be heard: it cannot be limited by any legislative provision

CJEU on the right to be heard: it cannot be limited by any legislative provision

Ilona Mishchenko
Ilona Mishchenko
03 Dec 2023

The right to be heard is well known to practitioners from various customs decisions and the Art. 22(6) of the Union Customs Code: 'Before taking a decision which would adversely affect the applicant, the customs authorities shall communicate the grounds on which they intend to base their decision to the...

law
compliance
Case law
Determination of the non-preferential origin of goods: All you need is... luck

Determination of the non-preferential origin of goods: All you need is... luck

Enrika Naujokė
Enrika Naujokė
10 Dec 2023

Legal clarity and certainty are what compliant companies need in order to be able to concentrate on their core activities. Legislators are trying to fulfil this need by, for example, introducing additional legislation such as binding information (BI) decisions. Frustratingly, the more legislation, the less clarity. BI decisions issued by...

origin
Case law

Overviews and comments

Non-tariff measures: their purpose and effect on trade

Non-tariff measures: their purpose and effect on trade

Rizwan Mahmood
Rizwan Mahmood
05 Nov 2023

According to UNCTAD, 90 % of global trade is subject to non-tariff measures (NTMs). NTMs can increase trade costs three times as much as tariffs. NTMs often lack transparency. This increases uncertainty and unpredictability in global trade. At the same time, NTMs can be beneficial for international trade, as they...

restrictions
Overviews and comments
Topic spotlight
CBAM: history, objectives, scope, and its compatibility with international law (I)

CBAM: history, objectives, scope, and its compatibility with international law (I)

Michael Lux
Michael Lux
05 Nov 2023

Note from the CCRM editors: This first part of the article provides an overview of the history, objectives and scope of the Carbon Border Adjustment Mechanism (CBAM) introduced by the EU. It also examines the issue of whether the Paris Agreement on climate change foresees border adjustment measures by countries...

restrictions
sustainability
Overviews and comments
Topic spotlight
EU sanctions against Russia and Belarus: non-tariff measures or non-tariff barriers?

EU sanctions against Russia and Belarus: non-tariff measures or non-tariff barriers?

Boryana Peycheva
Boryana Peycheva
19 Nov 2023

This article discusses the challenges faced by the Bulgarian automotive industry in the context of EU sanctions against Russia and Belarus. A national customs risk profile has been introduced, triggered by the export of certain automotive parts of HS Chapters 84 and 85 to Turkey, the United Arab Emirates, Kazakhstan...

restrictions
Overviews and comments
Topic spotlight
Communication (EU): recent changes in the classification of goods

Communication (EU): recent changes in the classification of goods

Ingrida Sakalienė
Ingrida Sakalienė
19 Nov 2023

A recently published EU Official Journal contains a communication in accordance with Article 34(7)(a)(iii) of the Union Customs Code on decisions relating to binding information issued by the customs authorities of the member states concerning the classification of goods in the customs nomenclature. In this article, we provide an overview...

classification
Overviews and comments
Topic spotlight
Combined Nomenclature 2024 (and how we... classify dragons)

Combined Nomenclature 2024 (and how we... classify dragons)

Virginija Dordzikienė
Virginija Dordzikienė
26 Nov 2023

Editors’ word: 2024 is the year of the wood dragon (Chinese zodiac sign). How do we classify such a dragon? :-) We can start the discussion with wood and its products, among which we find a dragon tree* (4407 29), and an old legend says that when a dragon dies,...

classification
Overviews and comments
Topic spotlight
What is ‘cool’ about customs for you?

What is ‘cool’ about customs for you?

Rainer Wilms
Rainer Wilms
30 Nov 2023

‘What are your main tasks as the Head of European Customs at DB Schenker? What are the main challenges and how do you deal with them? How do you measure success? What is ‘cool’ about customs for you? If you would have all the powers and resources, what would be...

other
Overviews and comments
Perspective
Used car parts - export of waste or goods for reuse?

Used car parts - export of waste or goods for reuse?

Jurgita Stanienė
Jurgita Stanienė
30 Nov 2023

Today, we often talk about circular economy goals and the ambition to reduce waste by extending the life of products through reuse, repair, refurbishment or recycling. The legal framework is still under development. For example, there are provisions in the EU Combined Nomenclature for certain waste and scrap and for...

restrictions
sustainability
Overviews and comments
Topic spotlight
Thoughts on non-preferential & Deep Origin

Thoughts on non-preferential & Deep Origin

Brian Staples
Brian Staples
03 Dec 2023

The fundamental premise of these notes is that the absence of any harmonization for rules of non-preferential rules of origin is increasingly and very rapidly creating additional discriminatory opportunities to expand and extend the scope and impact of a wide range of trade policies and trade restrictions. A brief analysis...

origin
Overviews and comments
Perspective
What to expect if you transport goods to (or from) Russia and Belarus via Latvia?

What to expect if you transport goods to (or from) Russia and Belarus via Latvia?

Alisa Leskovica
Alisa Leskovica
06 Dec 2023

According to customs data, since the introduction of sanctions, Latvian customs performed 184,972 cargo document controls and 6,027 cargo physical controls. In 8,396 cases, customs prevented the movement of goods subject to sanctions. In 2022, 114 criminal proceedings have been initiated for the circumvention of sanctions, and in 2023, –...

restrictions
Overviews and comments
Topic spotlight
REACH chemical regulations in the EU and the UK – international conflict?

REACH chemical regulations in the EU and the UK – international conflict?

Mark Rowbotham
Mark Rowbotham
02 Nov 2023

In the manufacturing industry, there are often complex supply chains where chemical substances cross borders between the UK and the EU several times. In this article we provide an overview of how REACH works in the EU (including the current revision) and in the UK, the implications for businesses and...

restrictions
Overviews and comments
Topic spotlight

News update

EU law news October/November 2023

EU law news October/November 2023

03 Dec 2023

News in week 48: Amendment of EU's GSP Regulation; UCC Work Programme 2023 revision; updated UCC Guidance on Special Procedures other than Transit; EU completes ratification of state-of-the-art trade agreement with New Zealand; Transitional Rules for Ukraine are now in ROSA (Access2Markets); a provisional anti-dumping duty on imports of certain...

law
News update
Ukraine customs and trade news October/November 2023

Ukraine customs and trade news October/November 2023

Iryna Pavlenko
Iryna Pavlenko
06 Dec 2023

News at a glance: Customs clearance without presentation of goods - no longer an option; Constitutional Court: the Customs Code must allow for the individualisation of penalties; Pan-Euro-Mediterranean Regional Convention: Alternative rules of origin (EU and Ukraine); verification of exporters of agricultural products; reliable, transparent and comprehensible trade protection tools...

law
News update

Topic spotlight

The significance of double taxation avoidance agreements in international trade

The significance of double taxation avoidance agreements in international trade

Karolis Zelenkauskas
Karolis Zelenkauskas
19 Nov 2023

Understanding the terms Double Taxation and Double Taxation Avoidance Agreements (DTAAs) is crucial in the field of international taxation, as they encapsulate complex scenarios that impact cross-border trade and investments. This paper aims to unravel the conceptual framework of DTAAs, assessing their advantages and disadvantages in the realm of international...

taxes and tariffs
Topic spotlight

Perspective

Non-tariff measures: the biggest challenges in 2023

Non-tariff measures: the biggest challenges in 2023

19 Nov 2023

Where do we draw the line between non-tariff measures that help governments achieve important goals (e.g. sustainability) and non-tariff barriers that unnecessarily restrict trade? How can SMEs ensure compliance in an increasingly complex regulatory environment (international sanctions, export controls, SPS, CBAM, REACH, forced labour, etc.)? As a distributor, how do...

restrictions
Perspective