December 03, 2023
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CJEU on the right to be heard: it cannot be limited by any legislative provision

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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 applicant, who shall be given the opportunity to express his or her point of view'. This fundamental right of the EU legal order is not just a formality - the Court of Justice of the EU (CJEU) recently annulled a regulation because it found that the European Commission had violated the importer's right to be heard during the process of adopting that regulation. It is therefore worthwhile for importers, exporters and other parties involved to take a close look at the topic and be prepared to use the right to their own advantage at EU or national level if needed.
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Topic spotlight
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DAP Incoterm and imports
18-07-2024

The Incoterms book addresses in the introduction the situation where the two most extreme cases, EXW and DDP, may not be the best choice. The reason is that the buyer or seller has to fulfil customs formalities in “foreign” countries. If they can – that’s fine. If not, it’s better to use another term.

Bert Van Leeuwen

law, risk management
Topic spotlight
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DAP Incoterm and imports
18-07-2024

The Incoterms book addresses in the introduction the situation where the two most extreme cases, EXW and DDP, may not be the best choice. The reason is that the buyer or seller has to fulfil customs formalities in “foreign” countries. If they can – that’s fine. If not, it’s better to use another term.

Bert Van Leeuwen

law, risk management
News update
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EU law news July 2024
14-07-2024

News in week 28: provisional anti-dumping duty on imports of certain polyvinyl chloride, mobile access equipment, optical fibre cables and titanium dioxide; termination of the anti-subsidy investigation concerning imports of certain alkyl phosphate esters; an expiry review of the anti-dumping measures applicable to imports of ceramic tableware and kitchenware; amended regulation on mercury as regards dental amalgam and other mercury-added products subject to export, import and manufacturing restrictions; updated FAQ 'Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts' (sanctions against RU and BY); and more news.

law
News update
icon
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14-07-2024

News in week 28: provisional anti-dumping duty on imports of certain polyvinyl chloride, mobile access equipment, optical fibre cables and titanium dioxide; termination of the anti-subsidy investigation concerning imports of certain alkyl phosphate esters; an expiry review of the anti-dumping measures applicable to imports of ceramic tableware and kitchenware; amended regulation on mercury as regards dental amalgam and other mercury-added products subject to export, import and manufacturing restrictions; updated FAQ 'Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts' (sanctions against RU and BY); and more news.

law
Case law
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14-07-2024

An Israeli court recently ruled in favour of an importer's claim against the Israeli customs authority. The court found that the classification of a protective safe used to prevent the theft of vehicle computers was in line with the importer's proposal. At the same time, the court dismissed part of the claim due to the statute of limitations.

Omer Wagner

classification, law
Case law
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Breaking into customs safe box: court rules on classification and sides with the importer
14-07-2024

An Israeli court recently ruled in favour of an importer's claim against the Israeli customs authority. The court found that the classification of a protective safe used to prevent the theft of vehicle computers was in line with the importer's proposal. At the same time, the court dismissed part of the claim due to the statute of limitations.

Omer Wagner

classification, law
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Importing chemicals: CJEU rules who bears the burden of administrative work
10-07-2024

Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation is the EU’s main instrument to protect human health and the environment from the risks that can be posed by chemicals. The legislation places a registration obligation on the importer. However, the definitions of the importer and import under the REACH legislation do not align with the customs terminology. The article demonstrates what happens when discrepancies arise.

Dr David Savage

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Importing chemicals: CJEU rules who bears the burden of administrative work
10-07-2024

Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation is the EU’s main instrument to protect human health and the environment from the risks that can be posed by chemicals. The legislation places a registration obligation on the importer. However, the definitions of the importer and import under the REACH legislation do not align with the customs terminology. The article demonstrates what happens when discrepancies arise.

Dr David Savage

law
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Compliance
07-07-2024

Compliance means that a person or organisation complies with the applicable laws and regulations of their own accord or adheres to them. Learn about the international standard definition of compliance and what customs authorities do to ensure compliance.

risk management
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Compliance
07-07-2024

Compliance means that a person or organisation complies with the applicable laws and regulations of their own accord or adheres to them. Learn about the international standard definition of compliance and what customs authorities do to ensure compliance.

risk management
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