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Articles

About the journal

Dear Reader,

Customs formalities cover the 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 the countries and regions, change constantly, and often are inaccessible because of the language barrier and/ or unavailability online. 

Another aspect is that the business aims to arrange the 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, harmonisation and simplification of the international rules (the simpler the rules, the easier to trade and to manage the risk and compliance).

The first bi-monthly issue is released at the end of March 2020. Stakeholders - business, customs, academia, and others - from all over the world are welcome to contribute. 

The editorial board:
Dr. Gediminas Valantiejus, LCPA, Lithuania
Anna Gayk, Mendel Verlag GmbH & Co. KG, Germany 
Dr. David Savage, Ireland 
Roberto Raya da Silva, Raya Consult, Brazil
Enrika Naujokė, LCPA, Lithuania

We will be happy to answer your questions. Contact us by info@lcpa.lt  

Best regards,
Lithuanian Customs Practitioners Association (LCPA)
www.lcpa.lt/en

Terms and conditions

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 Lithuanian Customs Practitioners Association (LCPA) does not necessarily agree with the views of the authors of articles.

Distribution. The exclusive right to distribute the journal belongs to LCPA. 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 LCPA.

Remuneration. LCPA is a non-profit body. Editorial board membership is organized on a non-remunerated basis, conferring honorary status. Part of the revenue is intended to cover the publishing costs. Above cost income will be distributed to the authors, according to readability statistics. Royalties for publications will be distributed after one year of publishing (April 2021), the first results being achieved.

Procedure upon violation. LCPA 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. LCPA 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 LCPA 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.

Contactinfo@lcpa.lt  

Information for authors

Information for Authors

Writing an article is a great way to share your knowledge, to inform readers about your expertise in customs and, if relevant, about your organisation. Thanking for your contribution, we will grant access to all the articles of the journal and invite you to meet other authors and exchange in a bimonthly online meeting. 

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@lcpa.lt

Dear Readers,

The fourth edition of the journal welcomes you with customs knowledge shared in 21 articles by authors from customs and private sector from Ireland, Germany, Brazil, Bulgaria, France, Latvia, India and Lithuania. Some articles are not only in English but also in Lithuanian, Portuguese, German and Bulgarian - our goal is to make the knowledge available also to those, who do not speak English (for instance, in Lithuania many people speak Russian but do not speak English).

What is the main news in August-September 2020? In the editorial of the 3rd release of the journal, Dr David Savage called this year a strange one. In this editorial I would say it has become even stranger as the UK revealed the intent to break the international law… Where would that lead?

In the journal, we write about customs law, analyse the rules and developments, and look at the ways the rules could be made simpler, clearer, more internationally and nationally harmonised - the goal is to make it easier for the trade to comply with them and to utilize the opportunities the rules offer. Here are the topics we invite you to read about in this release:

The main fines for customs infringements in Brazil by Roberto Raya da Silva and Dr Solon Sehn. AEO-company-specific monitoring from a customs risk perspective  by Patric Groos and Gerhard Friese. AEO: Trusted Partners in India by Minal Mehta Buch and Paresh Solanki. Brexit Diary August-September  by Dr David Savage. BREXIT: "NO DEAL" in sight! and India’s Customs management of rules of preferential origin  by Bertrand Rager. Review of Anti-dumping Measures in the EU by Erika Besusparienė. Opportunities for producers: tariff suspensions by Žydrė Bartaškienė. EU VAT e-commerce package: questions raised by express and postal operators in Lithuania by Lina Petronienė and Jovita Dobrovalskienė, who also writes on Inward Processing: Did You Know That…?.

EU law news: Combined Nomenclature 2021 – overview of changes  by Eglė Pučkuvienė and Virginija Dordzikienė. Intelectual property: electronic documents - better enforcement by Evelina Liaubaitė. EU law: September 2020 and EU law: August 2020 by Muita UAB.

EU case law: Royalties and Customs Value: CJEU Clarification to Bulgarian Courts by Elif Mehmedova. Recent tariff classification issues in Latvia: copper alloy ingots by Dr Karlis Ketners. Customs Law: Retrospective Change of the Customs Declarant by Dr Talke Ovie. EU customs law and international maritime law: relationship and its problematic issues and Application of World Trade Organization (WTO) Law in Tax Disputes with Lithuanian Customs Authorities: Mission (Not) Possible? by Dr Gediminas Valantiejus. 

And interviews with editorial board members of the journal Anna Gayk Interview with an Expert of Global Trade Measures and Data Content Provider  and Dr David Savage Interview with a Customs Chemist from Ireland.

Hope you will enjoy reading as much as I did!
Enrika Naujokė

P. S. We would appreciate your comments on the articles (the option to comment is available to each article) and/ or your feedback under info@lcpa.lt

en
Brexit Diary August-September
29-09-2020

In any other year, the Brexit issue would receive a huge amount of attention. However, 2020 is an unusual year. As the COVID-19 pandemic continued to present Governments all over the world with policy decisions, the clock continued to tick down on the EU-UK Free Trade Agreement negotiations. August was relatively quiet but all of that changed in September as the UK government upped the stakes with the introduction of the Internal Market Bill. This is my Brexit Diary which tracks developments in the upcoming and final EU-UK divorce.

Dr. David Savage

en
Brexit Diary August-September
29-09-2020

In any other year, the Brexit issue would receive a huge amount of attention. However, 2020 is an unusual year. As the COVID-19 pandemic continued to present Governments all over the world with policy decisions, the clock continued to tick down on the EU-UK Free Trade Agreement negotiations. August was relatively quiet but all of that changed in September as the UK government upped the stakes with the introduction of the Internal Market Bill. This is my Brexit Diary which tracks developments in the upcoming and final EU-UK divorce.

Dr. David Savage

en
Customs Law: Retrospective Change of the Customs Declarant
29-09-2020

It has now been established by the supreme judicial authority, that it is possible to amend the customs declaration subsequently, even with regard to the information relating to the identity of the declarant. However, with some limitations, which we point out in the overview of the recent judgement of the European Court of Justice.

Dr. Talke Ovie

customs broker, declarant
en
Customs Law: Retrospective Change of the Customs Declarant
29-09-2020

It has now been established by the supreme judicial authority, that it is possible to amend the customs declaration subsequently, even with regard to the information relating to the identity of the declarant. However, with some limitations, which we point out in the overview of the recent judgement of the European Court of Justice.

Dr. Talke Ovie

customs broker, declarant
en
EU Law: September 2020
26-09-2020

The news of the calendar week 39: regulation on the classification of prepared explosives, other than propellent powders; initiation of an anti-dumping proceeding concerning imports of optical fibre cables classified under CN code ex 8544 70 00.

en
EU Law: September 2020
26-09-2020

The news of the calendar week 39: regulation on the classification of prepared explosives, other than propellent powders; initiation of an anti-dumping proceeding concerning imports of optical fibre cables classified under CN code ex 8544 70 00.

en
Interview with an Expert of Global Trade Measures and Data Content Provider
25-09-2020

Anna Gayk is Managing Partner of the Mendel company. The company, originally engaged in the production of printed matter and as publishers of foreign trade publications, has evolved to a leading information service and data content provider in the field of global trade measures over the last two decades. The company is specialised in research, provision and updating of foreign trade information and data with a focus on tariff and non-tariff measures of virtually all countries in the world. In the interview, we talk about digitalisation, quality of data, research, what works well internationally in customs and what could be improved, and about other topics.

Roberto Raya da Silva, Anna Gayk

€ / $
en
Interview with an Expert of Global Trade Measures and Data Content Provider
25-09-2020

Anna Gayk is Managing Partner of the Mendel company. The company, originally engaged in the production of printed matter and as publishers of foreign trade publications, has evolved to a leading information service and data content provider in the field of global trade measures over the last two decades. The company is specialised in research, provision and updating of foreign trade information and data with a focus on tariff and non-tariff measures of virtually all countries in the world. In the interview, we talk about digitalisation, quality of data, research, what works well internationally in customs and what could be improved, and about other topics.

Roberto Raya da Silva, Anna Gayk

€ / $
bg, en
Royalties and Customs Value: CJEU Clarification to Bulgarian Courts
25-09-2020

The goal of the EU law on customs valuation is to introduce a fair, uniform, and neutral system excluding the use of arbitrary or fictitious customs values. The customs value must therefore reflect the real economic value of an imported product and take into account all of the elements of that product that have economic value. In this article we are going to review how the Bulgarian courts apply the provisions related to customs valuation, more specifically, to the inclusion of royalties in the customs value of the goods.

Elif Mehmedova

€ / $
customs valuation
bg, en
Royalties and Customs Value: CJEU Clarification to Bulgarian Courts
25-09-2020

The goal of the EU law on customs valuation is to introduce a fair, uniform, and neutral system excluding the use of arbitrary or fictitious customs values. The customs value must therefore reflect the real economic value of an imported product and take into account all of the elements of that product that have economic value. In this article we are going to review how the Bulgarian courts apply the provisions related to customs valuation, more specifically, to the inclusion of royalties in the customs value of the goods.

Elif Mehmedova

€ / $
customs valuation
en
Recent tariff classification issues in Latvia: copper alloy ingots
24-09-2020

National courts often make use of the possibility to seek a preliminary ruling from the Court of Justice of the European Union (CJEU). The Supreme Court of the Republic of Latvia recently raised a very technical question, which, however, concerns the general interpretation of a provision of the Combined Nomenclature of the EU regarding classification of the copper alloy ingots. The article overviews the case and its importance for the uniform tariff classification of goods in the EU Member States.

Dr. Karlis Ketners, Dr. Gediminas Valantiejus

€ / $
classification of goods
en
Recent tariff classification issues in Latvia: copper alloy ingots
24-09-2020

National courts often make use of the possibility to seek a preliminary ruling from the Court of Justice of the European Union (CJEU). The Supreme Court of the Republic of Latvia recently raised a very technical question, which, however, concerns the general interpretation of a provision of the Combined Nomenclature of the EU regarding classification of the copper alloy ingots. The article overviews the case and its importance for the uniform tariff classification of goods in the EU Member States.

Dr. Karlis Ketners, Dr. Gediminas Valantiejus

€ / $
classification of goods
en
Opportunities for producers: tariff suspensions
24-09-2020

Due to tariffs suspensions Lithuanian producers saved more than 5.15 million euros in 2019. This amount seems considerable, but it could have been significantly higher! In this article, we draw the attention of producers to an opportunity which, in our view, is not sufficiently exploited yet. We also review the current issues - which goods are no longer subject to tariff suspensions due to the new EU Environmental Policy and Industrial Policy, and exceptions - when tariff suspensions are compatible with the application of the anti-dumping duty. Finally, we will share practical advice on how to complete a customs declaration and briefly review other countries' requests for tariff suspensions.

Žydrė Bartaškienė

€ / $
duty, relief, returned goods
en
Opportunities for producers: tariff suspensions
24-09-2020

Due to tariffs suspensions Lithuanian producers saved more than 5.15 million euros in 2019. This amount seems considerable, but it could have been significantly higher! In this article, we draw the attention of producers to an opportunity which, in our view, is not sufficiently exploited yet. We also review the current issues - which goods are no longer subject to tariff suspensions due to the new EU Environmental Policy and Industrial Policy, and exceptions - when tariff suspensions are compatible with the application of the anti-dumping duty. Finally, we will share practical advice on how to complete a customs declaration and briefly review other countries' requests for tariff suspensions.

Žydrė Bartaškienė

€ / $
duty, relief, returned goods
en
Intelectual property: electronic documents - better enforcement
24-09-2020

While the digital transition of communication between individuals and customs is increasingly taking place, as well as the need to reduce or even eliminate the transmission of paper documents arises, from 15-09-2020 amendments of Regulation (EU) No 608/2013, providing for a different procedure for applications for customs supervision measures, entered into force. The biggest change is related to the form of submission of documents. From now on, applicants' national or European Union applications for customs supervision measures, as well as other necessary documentation, is submitted to the responsible customs office via the European Union Intellectual Property Office (hereinafter referred to as EUIPO) IP Enforcement Portal. What else has changed and what action should Rightsholders and other applicants have to take?

Evelina Liaubaitė

€ / $
non-tariff measures; prohibitions and restrictions
en
Intelectual property: electronic documents - better enforcement
24-09-2020

While the digital transition of communication between individuals and customs is increasingly taking place, as well as the need to reduce or even eliminate the transmission of paper documents arises, from 15-09-2020 amendments of Regulation (EU) No 608/2013, providing for a different procedure for applications for customs supervision measures, entered into force. The biggest change is related to the form of submission of documents. From now on, applicants' national or European Union applications for customs supervision measures, as well as other necessary documentation, is submitted to the responsible customs office via the European Union Intellectual Property Office (hereinafter referred to as EUIPO) IP Enforcement Portal. What else has changed and what action should Rightsholders and other applicants have to take?

Evelina Liaubaitė

€ / $
non-tariff measures; prohibitions and restrictions
en
Interview with a Customs Chemist from Ireland
22-09-2020

Dr. David Savage joined the Irish State Laboratory, where he worked in the Customs and Excise Section from 2003 to 2018. During this time, he supported the Irish Customs authority process BTI applications and validated the tariff classification of goods subject to audit in addition to other duties. David also represented Ireland at the Customs Code Committee. Now he works for a Customs and International trade consultancy in Dublin. In the interview, we talk about the tariff classification of goods, Brexit, SMEs and customs knowledge, and other topics.

Anna Gayk, Enrika Naujokė, Dr. David Savage

€ / $
classification of goods
en
Interview with a Customs Chemist from Ireland
22-09-2020

Dr. David Savage joined the Irish State Laboratory, where he worked in the Customs and Excise Section from 2003 to 2018. During this time, he supported the Irish Customs authority process BTI applications and validated the tariff classification of goods subject to audit in addition to other duties. David also represented Ireland at the Customs Code Committee. Now he works for a Customs and International trade consultancy in Dublin. In the interview, we talk about the tariff classification of goods, Brexit, SMEs and customs knowledge, and other topics.

Anna Gayk, Enrika Naujokė, Dr. David Savage

€ / $
classification of goods
en
AEO: Trusted Partners in India
19-09-2020

Authorised Economic Operator (AEO) certified company is acknowledged as customs’ trusted trade partner. If you choose a cooperation partner from India and plan to ask for an AEO certificate to prove compliance with this standard, here is what you should know about the Indian AEO programme (the AEO programmes are not harmonized globally, therefore there are differences from country to country).

Minal Mehta Buch, Paresh Solanki

€ / $
AEO
en
AEO: Trusted Partners in India
19-09-2020

Authorised Economic Operator (AEO) certified company is acknowledged as customs’ trusted trade partner. If you choose a cooperation partner from India and plan to ask for an AEO certificate to prove compliance with this standard, here is what you should know about the Indian AEO programme (the AEO programmes are not harmonized globally, therefore there are differences from country to country).

Minal Mehta Buch, Paresh Solanki

€ / $
AEO
en, lt
Review of Anti-dumping Measures in the EU
16-09-2020

The global market and increasing competition among market participants encourage unfair trade practices. Various anti-dumping measures are in place to stop unfair trade and protect EU producers. The number of anti-dumping measures is growing every year in the EU, which ensures fair trade and reduces the formation of monopoly positions on the market. From 2019, the EU more focuses on small and medium-sized enterprises (SMEs) to protect them from unfair trade by simplifying procedures. The anti-dumping and anti-subsidy measures have led to an average reduction of 80 per cent in unfair trade. This shows that the anti-dumping measures in the EU are working effectively.

Erika Besusparienė

€ / $
antidumping
en, lt
Review of Anti-dumping Measures in the EU
16-09-2020

The global market and increasing competition among market participants encourage unfair trade practices. Various anti-dumping measures are in place to stop unfair trade and protect EU producers. The number of anti-dumping measures is growing every year in the EU, which ensures fair trade and reduces the formation of monopoly positions on the market. From 2019, the EU more focuses on small and medium-sized enterprises (SMEs) to protect them from unfair trade by simplifying procedures. The anti-dumping and anti-subsidy measures have led to an average reduction of 80 per cent in unfair trade. This shows that the anti-dumping measures in the EU are working effectively.

Erika Besusparienė

€ / $
antidumping
en
BREXIT: "NO DEAL" in sight!
12-09-2020

We are heading straight for a "no-deal" with the UK - i.e. the application of the rules of the World Trade Organisation, which means high tariffs and tighter customs controls. The European Union will apply the same rules as for any country with which it does not have a trade agreement (the United States, for example). You should therefore build this scenario into your business and contact your service providers to prepare for this deadline as well as possible. For your information, you will find materials made available by the French authorities, Brussels and British authorities, and information about CE marking change to UKCA marking.

Bertrand Rager

€ / $
procedures and declarations
en
BREXIT: "NO DEAL" in sight!
12-09-2020

We are heading straight for a "no-deal" with the UK - i.e. the application of the rules of the World Trade Organisation, which means high tariffs and tighter customs controls. The European Union will apply the same rules as for any country with which it does not have a trade agreement (the United States, for example). You should therefore build this scenario into your business and contact your service providers to prepare for this deadline as well as possible. For your information, you will find materials made available by the French authorities, Brussels and British authorities, and information about CE marking change to UKCA marking.

Bertrand Rager

€ / $
procedures and declarations
en
Inward Processing: Did You Know That…?
12-09-2020

Continuing the topic of Inward Processing launched in August article under the heading “Processing Procedures: Examination of Economic Conditions”, I would like to draw attention to a several changes brought about by the new Union Customs Code and, possibly, opportunities less frequently applied by economic operators: release for free circulation with lower customs duty rate (applicable to the processed product), the use of Union goods (equivalent goods), movement of goods without customs formalities (transfer), generalization.

Jovita Dobrovalskienė

€ / $
processing; destruction
en
Inward Processing: Did You Know That…?
12-09-2020

Continuing the topic of Inward Processing launched in August article under the heading “Processing Procedures: Examination of Economic Conditions”, I would like to draw attention to a several changes brought about by the new Union Customs Code and, possibly, opportunities less frequently applied by economic operators: release for free circulation with lower customs duty rate (applicable to the processed product), the use of Union goods (equivalent goods), movement of goods without customs formalities (transfer), generalization.

Jovita Dobrovalskienė

€ / $
processing; destruction
en
Application of World Trade Organization (WTO) Law in Tax Disputes with Lithuanian Customs Authorities: Mission (Not) Possible?
09-09-2020

In this article, by evaluating the latest case law of the Supreme Administrative Court of Lithuania (Order of 27 May 2020 in Administrative Case No. eA-2474-968 / 2020, etc.), we will review how the provisions of WTO law in national courts have been (and are) applied in the Republic of Lithuania in tax disputes with customs authorities and what are the possibilities for relying directly on them to defend the rights and legitimate interests of the taxpayers.

Dr. Gediminas Valantiejus

€ / $
infringements; disputes, international agreements, etc.
en
Application of World Trade Organization (WTO) Law in Tax Disputes with Lithuanian Customs Authorities: Mission (Not) Possible?
09-09-2020

In this article, by evaluating the latest case law of the Supreme Administrative Court of Lithuania (Order of 27 May 2020 in Administrative Case No. eA-2474-968 / 2020, etc.), we will review how the provisions of WTO law in national courts have been (and are) applied in the Republic of Lithuania in tax disputes with customs authorities and what are the possibilities for relying directly on them to defend the rights and legitimate interests of the taxpayers.

Dr. Gediminas Valantiejus

€ / $
infringements; disputes, international agreements, etc.
en
EU customs law and international maritime law: relationship and its problematic issues
09-09-2020

The article seeks to identify legal issues related to the implementation of economic activities in maritime areas by analyzing the customs law of the European Union (EU) and its regulations (Union Customs Code (UCC) and the regulations related to its implementation) defining the boundaries of the EU customs territory, determining the customs origin of goods and describing the order of the customs procedures. The author also presents suggestions on how the identified legal issues should be addressed by amending EU customs legislation and what are the tax risks associated with them.

Dr. Gediminas Valantiejus

€ / $
origin of goods
en
EU customs law and international maritime law: relationship and its problematic issues
09-09-2020

The article seeks to identify legal issues related to the implementation of economic activities in maritime areas by analyzing the customs law of the European Union (EU) and its regulations (Union Customs Code (UCC) and the regulations related to its implementation) defining the boundaries of the EU customs territory, determining the customs origin of goods and describing the order of the customs procedures. The author also presents suggestions on how the identified legal issues should be addressed by amending EU customs legislation and what are the tax risks associated with them.

Dr. Gediminas Valantiejus

€ / $
origin of goods
en, lt
EU VAT e-commerce package: questions raised by express and postal operators in Lithuania
05-09-2020

Although quite some time has elapsed since the announcement of the amendments to the provisions on distance selling of goods and the EU Council has adopted a number of documents setting out implementing measures for the VAT e-commerce package and details of the operation of the VAT one-stop-shop since the end of 2017 until now, there is still a lack of exceptionally important information needed for express and postal operators to be properly prepared for the practical application of the new VAT e-commerce rules. Even extension of the period of the implementation of the rules for six months does not seem to be a long enough period for settlement of all ambiguities.

Lina Petronienė, Jovita Dobrovalskienė

€ / $
e-commerce
en, lt
EU VAT e-commerce package: questions raised by express and postal operators in Lithuania
05-09-2020

Although quite some time has elapsed since the announcement of the amendments to the provisions on distance selling of goods and the EU Council has adopted a number of documents setting out implementing measures for the VAT e-commerce package and details of the operation of the VAT one-stop-shop since the end of 2017 until now, there is still a lack of exceptionally important information needed for express and postal operators to be properly prepared for the practical application of the new VAT e-commerce rules. Even extension of the period of the implementation of the rules for six months does not seem to be a long enough period for settlement of all ambiguities.

Lina Petronienė, Jovita Dobrovalskienė

€ / $
e-commerce
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