Dear Reader,
Customs formalities cover global supply chains from the country of exportation to the country of importation. The legal rules to be addressed on the way are extensive (tariff, non-tariff, safety, etc.). They vary across countries and regions, change constantly, and often are inaccessible because of the language barrier and/ or unavailability online.
Businesses aim to arrange customs formalities in the most cost-effective way, taking into account tariff preferences, the variety of customs procedures, and the simplifications. Therefore, the task to ensure compliant and cost-effective customs formalities is a complex one and any customs-related topic is in the scope of the journal.
At the core of the Customs Compliance & Risk Management Journal for Practitioners in Europe are these keywords: up-to-date customs knowledge, compliance, harmonisation and simplification of the international and national rules (the simpler the rules, the easier to trade and to manage compliance and risks).
The first bi-monthly issue was released at the end of March 2020. Stakeholders - business, customs, academia, and others - from all over the world are invited to read the journal and to contribute articles.
The Editorial Board:
Enrika Naujokė, CC Learning, UAB, Lithuania
Dr David Savage, Ireland
Roberto Raya da Silva, Raya Consult, Brazil
Prof Dr Borys Kormych, National University 'Odesa Law Academy', Ukraine
Dr Ilona Mishchenko, National University 'Odesa Law Academy', Ukraine
Samuel Draginich, Amazon EU, Luxembourg
Ira Reese, Global Security and Innovative Solutions, the USA
Mark Rowbotham, Portcullis ISC, the UK
Omer Wagner, Israel
Svitlana Siurik, Belgium
We will be happy to answer your questions. Contact us: info@customslcear.net
Best regards,
Editorial Board
Terms and Conditions
Responsibility for the content. The information contained in the Customs Compliance & Risk Management Journal for Practitioners in Europe is for general information purposes only and cannot be construed as legal advice, conclusion or consultation. The publisher CC Learning, UAB (CustomsClear, the Publisher) does not necessarily agree with the views of the authors of articles.
Distribution. The exclusive right to distribute the journal belongs to the Publisher. The paid articles of the journal are only for the use of those who have acquired them lawfully. The originals or copies of the articles may not be distributed, sold, rented, lent or otherwise transferred without the written consent of CustomsClear.
Procedure upon violation. The Publisher will make every effort to resolve any disputes in a consensual manner and therefore asks to be notified (using the contact details provided) of any conflict or misunderstanding before other steps are taken.
Disclaimer. The Publisher accepts no liability for the quality of the information provided or for it being correct, complete or up-to-date. It is the sole responsibility of the authors themselves to ensure compliance with intellectual property rights. We expect authors to indemnify and hold the CustomsClear harmless from any loss, damage, claim, expense or costs, that may be incurred or sustained in connection with or in any way arising out as a result of intellectual property violation claims.
Contact: info@customsclear.net
Information for Authors
Writing an article is a great way to share your knowledge and, if relevant, to inform readers about your expertise in a particular field of Customs.
Articles are contributed on a non-remunerated basis. Thanking you for your contribution, we will invite you to meet other authors in bimonthly online meetings.
The ISSN 2669-2171 number can be used for academic purposes.
Reader
The reader of the journal is a practitioner dealing with customs-related questions first of all in business. She or he might be a beginner or experienced one. Therefore, please write for practitioners, delivering your message in a simple and clear way.
Language
The main language of the journal is English. However, practitioners in many countries do not speak English, therefore, we encourage to write the article in several languages up to your choice.
Structure and length
Please start with about 3-5 sentences introducing what is your article about. Structure the article in short paragraphs, use subtitles. At the end of the article (and/ or in the author’s profile), you may introduce your organisation and services.
The length of the article is up to your choice, the most important is to clearly deliver the knowledge/ the main message to the reader (there are articles of 1000 and of 3000 words, it can be less or more).
Author’s profile
Additionally, you may send us a picture and a description of the author for the author's profile. The author's profile opens when you click on the author’s name in the article.
Note
Please also read 'About the Journal' and 'Terms and Conditions'.
Contacts
We will be happy to answer your questions. Please contact us by info@customsclear.net
Dear Reader,
At the time of writing, European elections are underway. A new Parliament will likely result in shifts in policies and priorities with customs likely being one of the affected areas. The EU customs reform is still in the proposal stage and it remains to be seen how the upcoming changes will influence the debate. This issue continues to explore the details of the EU proposal with two articles on the reform.
As trade policy attempts to address an increasing and constantly evolving range of geopolitical challenges, borders continue to be the natural place to implement, control and enforce a wide variety of measures. In addition to the core topics of classification, valuation and origin, this issue includes three articles on trade policy measures with a strong border element and customs implications. CBAM continues to be an important topic for all affected EU importers as well as for their suppliers worldwide. We invite you to read the article and if you are interested in the topic to also register for our webinar on 19 June. The EU General Product Safety Regulation will replace its older version, the General Product Safety Directive, towards the end of the year. Finally, in the UK, the second phase of the post-Brexit inbound sanitary and phytosanitary controls was introduced towards the end of April. As you may expect, the implementation has not been without a few hiccups.
Winston S. Churchill said that to improve is to change and to be perfect is to change often. CustomsClear is always looking for ways to improve. With this in mind, we’ve decided to review the way we categorise articles published in the CCRM journal. We hope it will help you, our readers, to better understand what type of content to expect and to easily find the type of content that you are looking for.
Enjoy reading this issue!
Dr Anna Jerzewska
Member of the Editorial Board
The EU communication on tariff classification is of interest to anyone using or considering using Binding Tariff Information (BTI) decisions, as well as anyone interested in the correct classification … of goods. Let's take a look at some of the international measures published in the latest communication that concern the classification of smartwatches, robots, food supplements, dental products, festive articles, parts and accessories and a conservatory (garden room).
Ingrida Sakalienė
The EU communication on tariff classification is of interest to anyone using or considering using Binding Tariff Information (BTI) decisions, as well as anyone interested in the correct classification of goods. Let's take a look at some of the international measures published in the latest communication that concern the classification of smartwatches, robots, food supplements, dental products, festive articles, parts and accessories and a conservatory (garden room).
Ingrida Sakalienė
The previous article discussed the legal basis for the customs valuation of certain types of fruit and vegetables and the verification of the accuracy of such valuation. This article focuses … on a specific case considered by the Bulgarian courts and subsequently referred to the Court of Justice of the EU. The Court of Justice of the EU has issued a preliminary ruling, which should bring more clarity for the procedures related to customs valuation of fruit and vegetables imported into the EU.
Georgi Goranov
The previous article discussed the legal basis for the customs valuation of certain types of fruit and vegetables and the verification of the accuracy of such valuation. This article focuses on a specific case considered by the Bulgarian courts and subsequently referred to the Court of Justice of the EU. The Court of Justice of the EU has issued a preliminary ruling, which should bring more clarity for the procedures related to customs valuation of fruit and vegetables imported into the EU.
Georgi Goranov
News at a glance: Phase 5 of the Common Transit Procedure has been successfully launched; progress in the transposition of certain provisions of the Union Customs Code into the Customs Code of … Ukraine; customs authorities have resumed documentary inspections for customs compliance, which have been suspended since 24 February 2022; a new version of the automated customs risk analysis system based on artificial intelligence has been launched.
Dr Ilona Mishchenko , Khrystyna Zhytniak
News at a glance: Phase 5 of the Common Transit Procedure has been successfully launched; progress in the transposition of certain provisions of the Union Customs Code into the Customs Code of Ukraine; customs authorities have resumed documentary inspections for customs compliance, which have been suspended since 24 February 2022; a new version of the automated customs risk analysis system based on artificial intelligence has been launched.
Dr Ilona Mishchenko , Khrystyna Zhytniak
Authors of the article speak about their personal experiences regarding the early days of the EU Carbon Border Adjustment Mechanism (CBAM). David Savage, based in Ireland, discusses the challenges … encountered by importers in the small and medium enterprise (SME) sector, while Svitlana Siurik as a trade compliance professional, based in Belgium, recounts her experiences from the perspective of a large multinational company.
Dr David Savage , Svitlana Siurik
Authors of the article speak about their personal experiences regarding the early days of the EU Carbon Border Adjustment Mechanism (CBAM). David Savage, based in Ireland, discusses the challenges encountered by importers in the small and medium enterprise (SME) sector, while Svitlana Siurik as a trade compliance professional, based in Belgium, recounts her experiences from the perspective of a large multinational company.
Dr David Savage , Svitlana Siurik
This article is the first, introductory part of the article based on the judgment of the European Court of Justice (ECJ). This judgment concerns the customs valuation of certain types of fruit … and vegetables in the EU, which has its own peculiarities compared to the valuation of other goods. Therefore, in this article, the author explains these peculiarities of the customs valuation mechanism and in the second part, the judgment itself is reviewed.
Georgi Goranov
This article is the first, introductory part of the article based on the judgment of the European Court of Justice (ECJ). This judgment concerns the customs valuation of certain types of fruit and vegetables in the EU, which has its own peculiarities compared to the valuation of other goods. Therefore, in this article, the author explains these peculiarities of the customs valuation mechanism and in the second part, the judgment itself is reviewed.
Georgi Goranov
News in week 22: Updated UCC guidance documents on customs debt; restrictive measures in view of the situation in Russia on equipment which might be used for internal repression; higher tariffs … on Russian and Belarusian grain products; the list of sanctioned persons has been expanded to include more persons supporting Russia's war in Ukraine; additional trade preferences for Ukrainian products; guidance document on CBAM implementation for importers of goods into the EU; EU and Australia agreement on sustainable critical and strategic minerals; Council gives its final approval to the ecodesign regulation; EU-Kenya Economic Partnership Agreement - final step towards implementation; additional trade preferences for products from Moldova; imposition of an anti-dumping duty on tubes and pipes from China; correction of the regulation imposing an anti-dumping duty on fasteners from China; revision of the expiry date of the anti-dumping measures on aluminium foil from China; EU requests WTO consultation on Colombia’s compliance in frozen fries dispute; European Economic Area Agreement - the 30th anniversary of its entry into force; and more news!
News in week 22: Updated UCC guidance documents on customs debt; restrictive measures in view of the situation in Russia on equipment which might be used for internal repression; higher tariffs on Russian and Belarusian grain products; the list of sanctioned persons has been expanded to include more persons supporting Russia's war in Ukraine; additional trade preferences for Ukrainian products; guidance document on CBAM implementation for importers of goods into the EU; EU and Australia agreement on sustainable critical and strategic minerals; Council gives its final approval to the ecodesign regulation; EU-Kenya Economic Partnership Agreement - final step towards implementation; additional trade preferences for products from Moldova; imposition of an anti-dumping duty on tubes and pipes from China; correction of the regulation imposing an anti-dumping duty on fasteners from China; revision of the expiry date of the anti-dumping measures on aluminium foil from China; EU requests WTO consultation on Colombia’s compliance in frozen fries dispute; European Economic Area Agreement - the 30th anniversary of its entry into force; and more news!
News at a glance: Duty suspension window for 2024; proposed changes to the current customs legislation; deadline for switching to CDS for exports; new inbound border checks and a Common User … Charge for SPS goods introduced; updated notice - bicycle parts relief under end-use; maps of the Forth Green Freeport tax site; excise duty hydrocarbon oils rates for road fuel gasses; temporary removal of tariffs for cut flowers; Belarus import sanctions; further sanctions on Iran; UK Government public consultation on CBAM; data tables on the number of customs declarants and declarations in 2023; AEO status holders - 1222 companies currently on the list; updated guidance on attending the Sevington inland border facility.
Dr Anna Jerzewska
News at a glance: Duty suspension window for 2024; proposed changes to the current customs legislation; deadline for switching to CDS for exports; new inbound border checks and a Common User Charge for SPS goods introduced; updated notice - bicycle parts relief under end-use; maps of the Forth Green Freeport tax site; excise duty hydrocarbon oils rates for road fuel gasses; temporary removal of tariffs for cut flowers; Belarus import sanctions; further sanctions on Iran; UK Government public consultation on CBAM; data tables on the number of customs declarants and declarations in 2023; AEO status holders - 1222 companies currently on the list; updated guidance on attending the Sevington inland border facility.
Dr Anna Jerzewska
An Israeli magistrate court recently ruled on the classification of industrial robots used to lift goods in logistics warehouses. The Court rejected the customs' position and ruled in favour … of the importer. Both parties submitted decisions from foreign customs authorities and WCO decisions supporting their position and the Court found the importer's references more convincing. In this context, the question arises as to whether or not the decisions of foreign customs authorities are relevant in court.
Omer Wagner
An Israeli magistrate court recently ruled on the classification of industrial robots used to lift goods in logistics warehouses. The Court rejected the customs' position and ruled in favour of the importer. Both parties submitted decisions from foreign customs authorities and WCO decisions supporting their position and the Court found the importer's references more convincing. In this context, the question arises as to whether or not the decisions of foreign customs authorities are relevant in court.
Omer Wagner
The new, revised Pan European Mediterranean (PEM) rules of origin will enter into force on 1 January 2025 for all parties of the PEM Convention. Traders importing and exporting within the PEM … origin cumulation zone will be able to use the new, more business-friendly and flexible rules. Even when trading with countries that have not opted to use transitional rules.
Dr Anna Jerzewska
The new, revised Pan European Mediterranean (PEM) rules of origin will enter into force on 1 January 2025 for all parties of the PEM Convention. Traders importing and exporting within the PEM origin cumulation zone will be able to use the new, more business-friendly and flexible rules. Even when trading with countries that have not opted to use transitional rules.
Dr Anna Jerzewska
Did you know that customs duties are one of the European Union's own resources? Therefore, when you challenge customs decisions to calculate customs duties, you are essentially challenging EU … revenue. In this overview of a recent judgement by the Court of Justice of the European Union, we answer the question of whether, in the event of a dispute with customs, the collection of import duties (customs duties and VAT) is suspended until the outcome of the proceedings is known.
Dr Aistė Medelienė
Did you know that customs duties are one of the European Union's own resources? Therefore, when you challenge customs decisions to calculate customs duties, you are essentially challenging EU revenue. In this overview of a recent judgement by the Court of Justice of the European Union, we answer the question of whether, in the event of a dispute with customs, the collection of import duties (customs duties and VAT) is suspended until the outcome of the proceedings is known.
Dr Aistė Medelienė
Every year since 2003, the European Commission has published its annual report on Safety Gate, the European Rapid Alert System for dangerous non-food products. The reports cover the alerts identified … during the year and the measures taken by countries to eliminate or minimise the risks. It is worth noting that this system covers not only EU Member States, but also Norway, Iceland and Liechtenstein. In March, the annual report was published for 2023, with a record number of notifications, which emphasises the need to further mobilise efforts and improve tools to improve the safety of goods entering the European market. An important new tool – The General Product Safety Regulation - is discussed in this article.
Anthony Buckley
Every year since 2003, the European Commission has published its annual report on Safety Gate, the European Rapid Alert System for dangerous non-food products. The reports cover the alerts identified during the year and the measures taken by countries to eliminate or minimise the risks. It is worth noting that this system covers not only EU Member States, but also Norway, Iceland and Liechtenstein. In March, the annual report was published for 2023, with a record number of notifications, which emphasises the need to further mobilise efforts and improve tools to improve the safety of goods entering the European market. An important new tool – The General Product Safety Regulation - is discussed in this article.
Anthony Buckley
Last year, the European Court of Justice (ECJ) has issued a judgment on interpreting and clarifying the provisions of the Community Customs Code. This article seeks to explore the particular … field of customs law within the EU, focusing on the rulings of the ECJ on customs debt, debtors' obligations and notification procedures. Through an examination of the case and its implications, the author's aim is to provide insights into the practical implications of the case for businesses and regulators alike operating under the current legislation.
Khrystyna Zhytniak
Last year, the European Court of Justice (ECJ) has issued a judgment on interpreting and clarifying the provisions of the Community Customs Code. This article seeks to explore the particular field of customs law within the EU, focusing on the rulings of the ECJ on customs debt, debtors' obligations and notification procedures. Through an examination of the case and its implications, the author's aim is to provide insights into the practical implications of the case for businesses and regulators alike operating under the current legislation.
Khrystyna Zhytniak
Customs law is the rules of the game for everyone involved in customs and international trade. These rules are not always clear and unambiguous, do not always meet the expectations of those involved … and are sometimes even imprecise. This leads to difficulties in their application and forces the courts to intervene. This review contains some interesting insights and exceptional examples of legislation and court cases from Europe and around the world (Belgium, Lithuania, Bulgaria, WB, Brazil, USA, Ukraine, Israel), which have been presented at the 21th Authors’ Meeting.
Customs law is the rules of the game for everyone involved in customs and international trade. These rules are not always clear and unambiguous, do not always meet the expectations of those involved and are sometimes even imprecise. This leads to difficulties in their application and forces the courts to intervene. This review contains some interesting insights and exceptional examples of legislation and court cases from Europe and around the world (Belgium, Lithuania, Bulgaria, WB, Brazil, USA, Ukraine, Israel), which have been presented at the 21th Authors’ Meeting.
This article continues the overview of certain aspects of the EU Customs Reform. In a previous article, the author described why and how the Commission intends to impose the obligations for importing … goods on a single person, the importer in three variants: the regular importer, the deemed importer (for e-commerce) and the indirect customs representative representing both types of importers. In this article, the author focuses on the proposed import procedure, which consists of several consecutive steps.
Michael Lux
This article continues the overview of certain aspects of the EU Customs Reform. In a previous article, the author described why and how the Commission intends to impose the obligations for importing goods on a single person, the importer in three variants: the regular importer, the deemed importer (for e-commerce) and the indirect customs representative representing both types of importers. In this article, the author focuses on the proposed import procedure, which consists of several consecutive steps.
Michael Lux
On the 30th of April 2024, the UK Government introduced the second phase of Border Target Operating Model (BTOM) checks on goods entering the UK. The government has released details on the charges … that will be levied for food and drink goods entering the UK from abroad, raising concerns from trade experts about the likely effect on smaller businesses and the UK’s post-Brexit trade.
Mark Rowbotham
On the 30th of April 2024, the UK Government introduced the second phase of Border Target Operating Model (BTOM) checks on goods entering the UK. The government has released details on the charges that will be levied for food and drink goods entering the UK from abroad, raising concerns from trade experts about the likely effect on smaller businesses and the UK’s post-Brexit trade.
Mark Rowbotham
News in week 17: 20th anniversary of the 2004 EU enlargement; directive on criminal penalties for the violation of Union restrictive measures; resolution on the prohibition of products made with … forced labour; customs valuation and the meaning of 'in substantially the same quantity'; changes to tariff quotas following the EU's FTA with New Zealand; new representative import prices for certain poultry meat from Brazil; impending expiry of anti-dumping duty on imports of persulphates from China; infringement proceedings against Spain for failure to collect import duties on textile products; South Africa challenges the EU's prohibition on the importation of citrus fruit; World Intellectual Property Day highlights the link between IPRs and SDGs; Commission proposed Association Agreement with Andorra and San Marino to the Council; documents for non-commercial movement of certain pets; Irish Customs - many export declarations have not been correctly closed out.
News in week 17: 20th anniversary of the 2004 EU enlargement; directive on criminal penalties for the violation of Union restrictive measures; resolution on the prohibition of products made with forced labour; customs valuation and the meaning of 'in substantially the same quantity'; changes to tariff quotas following the EU's FTA with New Zealand; new representative import prices for certain poultry meat from Brazil; impending expiry of anti-dumping duty on imports of persulphates from China; infringement proceedings against Spain for failure to collect import duties on textile products; South Africa challenges the EU's prohibition on the importation of citrus fruit; World Intellectual Property Day highlights the link between IPRs and SDGs; Commission proposed Association Agreement with Andorra and San Marino to the Council; documents for non-commercial movement of certain pets; Irish Customs - many export declarations have not been correctly closed out.
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