Customs Compliance & Risk Management

Customs Compliance & Risk Management
2024
August/September
Journal for practitioners in Europe
Issue 28
ISSN 2669-2171
August / September 2024
Ilona Mishchenko

Editor's message

Ilona Mishchenko

Member of the Editorial Board

Dear Readers,

Each issue of the CCRM journal strives to provide the most relevant and up-to-date information in the field of customs and trade compliance. The current issue is particularly rich in articles on the recent developments in the field of innovation: whether it’s a new process or system introduced into the customs practice or new regulation. This is not surprising as global trade and customs are complex and dynamic environment with different challenges.  Meeting these challenges is not easy, and the number of new customs and customs-related regulations aimed at solving new problems sometimes adds to their complexity. This issue of CCRM includes a range of articles on this topic. 

This issue continues with the ongoing coverage of the proposed reform of the EU Union Customs Code. This time the focus is on placing goods under a customs procedure and the main changes expected compared to the current Code. 

The Bulgarian Green Corridors project is an exciting new proposal that will provide simplifications for customs clearance procedures for Authorised Economic Operators and Trust & Check traders once the proposed EU customs reform comes into force.

We also provide an overview of some of the latest developments, such as the new Ecodesign for Product Sustainability Regulation. Although the first phase of the implementation is scheduled for July 2026, it is worth getting acquainted with the scope and purpose of the legislation as that impact on businesses is likely to be significant. 

Innovation is also important in the private sector. We offer an overview of the International Chamber of Commerce's new origin tool Genesis as well as a fairly exotic topic of cybernetics. 

Furthermore, the issue provides updates on core customs topics. For example, a detailed overview of the Council's updated "Best Practices on Sanctions" clarifies when persons not on EU sanctions lists should be treated as sanctioned. The analysis of the updated Customs Valuation Compendium clarifies when buying commissions can be treated as such and therefore excluded from customs value. Our bi-monthly authors’ meeting covered the topic of customs compliance. We are delighted to share a summary of that meeting. 

The issue would not be complete without an article on tariff classification and country updates. The Case Law section includes an article on binding tariff information and we also provide an interesting example around restrictions from Israel and e-commerce changes in Türkiye. 

There are many articles worth reading and I hope you enjoy this issue of the CCRM journal.

Dr Ilona Mishchenko,

Member of the Editorial Board

 

Read more

Case law

Binding Tariff Information: for one or for all?

Binding Tariff Information: for one or for all?

Ingrida Kemežienė
Ingrida Kemežienė
15 Sep 2024

Can companies rely on Binding Tariff Information (BTI) issued for their competitors’ goods for the classification of their own products? This question was examined in the European Court of Justice (ECJ) in its ruling, which raised the issue of the classification of optical fibre cables under Combined Nomenclature (CN) subheadings...

classification
Case law

Country update

Changes to e-commerce legislation in Türkiye

Changes to e-commerce legislation in Türkiye

Özlem Yorulmaz
Özlem Yorulmaz
15 Aug 2024

The new Decision published on August 6 in Türkiye states that the de minimis of EUR 150 applied to non-commercial goods shipped from abroad to an individual in Türkiye through mail or fast cargo transport, will be lowered to EUR 30. According to the Decision, a fixed rate of duty...

clearance process
Country update
NOCA's Bulgarian Green Corridors project

NOCA's Bulgarian Green Corridors project

Boryana Peycheva
Boryana Peycheva
03 Sep 2024

The rapid crossing of land borders for imported and exported goods (including for intra-EU movements)would help to take the operation of international supply chains to a new level. Timely delivery of goods is much more than a fulfilment of trade commitments in order to build fair and long-term business partnerships....

clearance process
Country update
Fur coat? Not in Israel

Fur coat? Not in Israel

Omer Wagner
Omer Wagner
15 Sep 2024

The import of furs of wildlife into the State of Israel is under a strict supervision of the Nature and Parks Authority, which is department of the Israeli Ministry of Environmental Protection. This is part of a larger issue of importing animals or parts of them, but in this article...

restrictions
Country update

News update

EU customs and trade news: August 2024

EU customs and trade news: August 2024

01 Sep 2024

News in week 35: review of anti-subsidy and anti-dumping measures on continuous filament glass fibre products from China; review of anti-dumping measures on bicycles from China; practice directions to parties concerning cases brought before the CJEU; EU and China launch Cross-Border Data Flow Communication Mechanism; Timor-Leste joined the WTO on...

law
News update
EU customs and trade news: September 2024

EU customs and trade news: September 2024

29 Sep 2024

News in week 39: Union Customs Code Annual Progress Report 2023; EU Single Window Environment for Customs - amended regulation, laid down rules for information exchange; compilation of the national control lists adopted by Spain, The Netherlands and France; pilot project for a 'comparative study on best practices for a...

law
News update
UK customs and trade news: August 2024

UK customs and trade news: August 2024

15 Sep 2024

UK Trade Remedies Authority initiates review into bicycles and bicycle parts from China, proposes an increase to the steel imports quota, recommends increasing duties on bus and lorry tyres. UK to join CPTPP by 15 December 2024. Alcohol duty: new digital service. Open general licence (AUKUS nations). August notices to...

law
News update
Ukraine customs and trade news: August/September 2024

Ukraine customs and trade news: August/September 2024

29 Sep 2024

News at a glance: significant amendments to the Ukrainian Customs Code; introduction of a new automated customs clearance system at all road checkpoints on the national border; clarification of the customs classification of goods intended for the generation and storage of electricity; permission to export bio-methane from Ukraine; gradual annual...

law
News update
UK customs and trade news: September 2024

UK customs and trade news: September 2024

03 Oct 2024

UK-Ukraine Digital Trade Agreement. Suspension of 30 arms export licenses to Israel. Moving the “Rest of World” sheepmeat, poultry and beef to Northern Ireland. Important updates on the implementation of the Windsor Framework, the TSS system and the 'Not for EU’ labelling for retail products across Great Britain. New TRA...

law
News update

Topic spotlight

The EU autonomous suspensions and quotas scheme: a glimpse behind the curtain of (an esoteric) Brussels trade committee

The EU autonomous suspensions and quotas scheme: a glimpse behind the curtain of (an esoteric) Brussels trade committee

David Savage
David Savage
07 Aug 2024

Article 28 of the Treaty of Rome provides for the temporary suspension of duties under the Common Customs Tariff (CCT) on imports of raw materials and components for further processing. This is possible where it is established that the EU-based companies are unable to obtain supplies of the product or...

taxes and tariffs
Topic spotlight
Buying commission: should it or should it not be included in the customs value?

Buying commission: should it or should it not be included in the customs value?

Ilona Mishchenko
Ilona Mishchenko
25 Aug 2024

This year, the European Commission published an updated Compendium of customs valuation (Compendium 2024) with several important updates that promise to have a significant impact on the customs valuation process. While its aim is to harmonise the application of legislation and minimise disputes between businesses and customs, it is likely...

valuation
Topic spotlight
Update of the Council’s Sanctions Best Practices: when should persons not listed on EU sanctions lists nonetheless be treated as sanctioned?

Update of the Council’s Sanctions Best Practices: when should persons not listed on EU sanctions lists nonetheless be treated as sanctioned?

Edouard Gergondet
Edouard Gergondet
19 Sep 2024

Editorial note: Sanctions are one of the examples of growing number of border restrictions and prohibitions. This is impacting a number of companies involved in global trade. The nature of sanctions is becoming more diverse and the list of sanctioned persons is growing. As a result, importers, exporters and other...

restrictions
Topic spotlight
The proposed UCC reform: placing goods under a customs procedure - Title V R-UCC

The proposed UCC reform: placing goods under a customs procedure - Title V R-UCC

Michael Lux
Michael Lux
22 Sep 2024

In this article, the author explains the changes to Title V of the proposal for a reformed Union Customs Code (R-UCC) in comparison with the current Title V UCC and also addresses provisions that have been shifted to other Titles (in particular Title IV).

law
Topic spotlight
Ecodesign for Product Sustainability Regulation: what should economic operators expect?

Ecodesign for Product Sustainability Regulation: what should economic operators expect?

Anthony Buckley
Anthony Buckley
22 Sep 2024

In June 2024, the EU took another step towards building a climate-neutral and circular economy and a greener environment. This is the adoption of the new Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 - Ecodesign for Product Sustainability Regulation. The purpose of...

sustainability
Topic spotlight
Customs compliance and awareness amongst traders

Customs compliance and awareness amongst traders

29 Sep 2024

It would seem that customs compliance is one of the most complex and pressing issues for all companies and individuals involved in global trade. But is this really the case? Is there a widespread understanding of how important it is to be aware of customs legislation and regulations and to...

compliance
Topic spotlight

Perspective

ICC Genesis: a new approach to origin certification?

ICC Genesis: a new approach to origin certification?

Bert Van Leeuwen
Bert Van Leeuwen
20 Aug 2024

The International Chamber of Commerce (ICC) has recently, after several pilots (amongst others in the Netherlands), launched an online tool for the verification of preferential origin statements. The tool is named Genesis, after the ancient Greek word for origin, which is also the name of the first book of the...

origin
Tech
Perspective
Customs controls and frontier management: a cybernetic approach to analysis of the EU problem

Customs controls and frontier management: a cybernetic approach to analysis of the EU problem

Mark Rowbotham
Mark Rowbotham
26 Aug 2024

In the light of present-day security concerns, customs controls are an area of significant importance as a means of national security as well as the economic defence and security of the nation-state or supranational blocks. Although this is a general issue of complex systems, in this article, the problem of...

compliance
Perspective
Top five challenges for European customs

Top five challenges for European customs

Anna Jerzewska
Anna Jerzewska
28 Aug 2024

Someone recently asked me what are the current top challenges for customs in Europe. The article is an attempt to summarise the answer to this question. These are the five issues that, in my opinion, are likely to impact the customs industry in the upcoming months and years. Some are...

clearance process
Perspective

Explainer

Customs as the gateway to sustainability

Customs as the gateway to sustainability

Erika Besusparienė
Erika Besusparienė
11 Aug 2024

The customs industry, together with all the stakeholders such as policymakers, customs authorities, customs brokers, logistics, and trading companies, is becoming increasingly intertwined with sustainability policies aiming to mitigate the impact of climate change. These policies include the carbon border adjustment mechanism (CBAM), deforestation, new corporate sustainability regulations, etc., but...

sustainability
Explainer