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Lionel Van Reet

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The Netherlands and EU: Reform of the Dutch Customs Penalty Regime

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Considering the major (positive) impact the reform of the Dutch Customs Penalty Regime will have on the activities of operators active in the Netherlands, we wanted, as the date of implementation is nearing, draw your attention on the latter. As of 1 July 2024, the new Dutch customs legislation regarding customs penalties will apply. Under the reformed legislation, operators that unintentionally submit an incorrect or incomplete customs declaration or provide incorrect or incomplete information to…

EU and China: European Commission imposes provisional countervailing duties on electric vehicle imports from China

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On 12 June 2024, the European Commission proposed provisional countervailing duties for imports into the European Union (“EU”) of new battery electric vehicles designed for the transport of persons (“EVs”) originating from the People’s Republic of China. The pre-disclosure of the European Commission’s proposal is published here. This pre-disclosure follows from the anti-subsidy investigation concerning EVs from the People’s Republic of China. Find our previous blogpost on that investigation here. The products in the scope…

Customs and FTAs week: key trending customs and compliance developments

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For the third week, we continued our Annual Compliance Conference with key customs developments impacting on businesses today. Specifically, we discussed the reform of the Union Customs Code in the EU, key trending customs developments in EMEA, and different methods of driving significant financial savings in global supply chains. EU customs reform: biggest overhaul since 1968 Tuesday 14 May SPEAKERS: Nicole Looks (Partner, Amsterdam), Thomas Kukanza (Senior Trade Advisor, Brussels), Sylvain Guelton (Senior Associate, Brussels),…

World Trade Organization: WTO Extends Moratorium on Digital Trade Tariffs

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During the 13th Ministerial Conference, held in Abu Dhabi, the World Trade Organization (“WTO”) has extended a moratorium on digital trade tariffs for a further two years, at which point the moratorium will expire. The Moratorium: A Brief Overview The moratorium on e-commerce tariffs, officially called the moratorium on customs duties on digital transmissions, has been in place since 1998. It was initially introduced as a temporary measure but has been extended at each subsequent…

European Union: New central Proof of Union Status (PoUS) system available

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On 1 March 2024, the European Commission introduced the Proof of Union Status (“PoUS”) system. What is the PoUS system? The PoUS system establishes electronic proofs in the form of T2L and T2LF data to prove European Union status. This is intended to replace the paper procedure of T2L/T2LF and shipping companies’ manifests that have been used. Following the introduction of the PoUS system, paper documents of the T2I(F) will no longer be used. The…

United Kingdom: New customs regulations set out penalties for exporters’ errors

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The Customs (Preferential Trade Arrangements: Error in Evidence of Origin) Regulations 2024 (the “Regulations”), which introduce into UK law the obligation for exporters to notify their customers if they discover any material error in a Certificate of Origin they have issued, have come into force on 13 March 2024. The Regulations only apply to exports made under the UK’s trade agreements with Canada, Turkey, New Zealand, Iceland, Liechtenstein, Norway and the Comprehensive and Progressive Agreement for Trans-Pacific…

EU: European Parliament adopts its first position regarding reform of the EU Customs Code

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On 13 March 2024, the European Parliament adopted its first reading position on the proposal from the European Commission to repeal and significantly reform the EU Customs Code (which we originally reported on in our blog available here). On 17 May 2023, the European Commission published its proposal for the reform of the EU Customs Code, which aims to change the way that EU customs authorities operate, in particular due to the significant growth in…

EU: European Council and European Parliament Reach Provisional Agreement on the EU Forced Labour Ban

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On Tuesday 5 March 2024, the European Council and European Parliament reached a provisional agreement on the EU Forced Labour Regulation (“Regulation”), which will prohibit the placing and making available on the EU market, or the export from the EU market, of products made, extracted or harvested using forced labour. It is expected that the Regulation will enter into force by the summer of 2024. This follows the Commission’s proposal of the Regulation on 14…

EU: An Introduction to the Carbon Border Adjustment Mechanism (CBAM)

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The transitional phase of the EU Carbon Border Adjustment Mechanism (“CBAM”) is now underway with the deadline for submitting the first CBAM quarterly reports having already passed on 31 January 2024 (although with an extension until the end of February).* The CBAM requires importers to report the embedded greenhouse gas emissions in carbon-intensive goods (initially aluminium, cement, iron and steel, electricity, fertilisers and hydrogen) and, from the commencement of the operational phase in 2026, purchase “CBAM…

EU: First CBAM Filings Due 31 January 2024

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The first filings under the Carbon Border Adjustment Mechanism (CBAM) must be submitted by importers by 31 January 2024. CBAM is the EU’s landmark tool that seeks to put a fair price on the carbon emitted during the production of carbon intensive goods that enter the EU. It requires importers to report ’embedded emissions’ of certain products and of electricity imported into the EU in order to ensure equivalent carbon pricing for imported and EU…