Under EU customs law, storing and warehousing EU and non-EU goods is possible if certain conditions are met. However, since 2020, non-EU goods subject to anti-dumping, countervailing, or safeguard measures, can no longer be stored together with EU goods. This is because EU customs law now states that non-EU goods subject to anti-dumping measures do not have the same commercial quality as EU goods, and goods that do not have the same commercial quality cannot…
The rules (Statute) of the Court of Justice of the European Union (CJEU) have recently changed. The changes aim to enhance the EU judicial process and reduce the workload of the CJEU. The number of requests for preliminary rulings have increased significantly over the years. In cases concerning preliminary rulings, EU member state courts ask for the opinion of the CJEU on issues of EU law to help give a judgment in a national case.…
On 24 September, the European Commission (âCommissionâ) announced that, as a general policy measure, it would start automatically registering imports of products subject to anti-dumping and anti-subsidy investigations, including in ongoing investigations. Until now, complainants had to request the Commission to register imports based on evidence of stockpiling (i.e., of increased imports during the investigation). On 24 October, the Commission published a several regulations in fact registering imports in all ongoing anti-dumping and anti-subsidy investigations.…
On 4 October 2024, the Court of Justice of the European Union (CJEU) delivered judgments in Front Polisario (joined cases Câ778/21 P and C-798/21 P and joined cases Câ779/21 P and C-799/21 P). These judgments concern appeals brought by the European Commission and the Council of the EU against judgments of the General Court of the EU annulling EU decisions related to agreements between the EU and Morocco involving the Western Sahara territory. The EU…
This blog concerns an update of our previous blog on the extension of the definition of âconsigned fromâ, to be found here. In 2023, the EU applied anti-dumping or anti-subsidy duties (together âAD/AS dutiesâ) on imports of 141 products from 20 countries. The EU regularly extends these duties to imports of these products from other countries to counter circumvention.As context, to see whether AD/AS duties apply, you need to look at the non-preferential origin of…
On 23 September 2024, the European Commission published the proposal to amend the EU Combined Nomenclature (âCNâ). We set our below key updates in this proposal: The declaration of goods upon import, export, or when subject to intra-Community trade statistics between EU Member States is based on the CN. This sets the customs duty rate that is applicable as well as determines how the products are handled for statistical purposes. Therefore, the CN is an…
On 2 October 2024, after months of speculation, the EU Commission announced a proposal for a further 12 months of âphasing-inâ time for the implementation of the EU Deforestation Regulation (âEUDRâ), as well as the publication of its long-awaited guidelines and updated FAQs relating to the EUDR (see press release here). The announcement of the extension comes after multiple global stakeholders, including German chancellor Olaf Scholz, called for implementation to be delayed amidst concerns about…
On 17 September 2024, the European Public Prosecutor’s Office (EPPO), an EU body that prosecutes among others financial crimes that affect the EU budget, announced that it is seeking criminal penalties from two companies and five of their directors of more than 8 years imprisonment along with a fine of over EUR 25 million. Over 30 properties linked to the defendants were seized to ensure that the defendants can meet their financial liabilities. EPPO alleges…
On 28 August 2024, UK and German leaders Sir Keir Starmer and German Chancellor Olaf Scholz agreed to work on an ambitious treaty covering issues from defence to trade, which would be part of a fresh start for the UK’s relations with the European Union (EU). As part of the same drive to improve relations with the EU, Starmer also met with French president Emmanuel Macron in Paris on 29 August. After UK Prime Minister,…
In addition to minor editorial amendments, the European Commission has made the following key changes to the Customs Valuation Compendium (the âCompendiumâ), which serves as useful guide for the customs valuation of goods imported into the EU. The Compendium is prepared primarily for local customs authorities of the various EU Member States, but is made publicly available for interested parties. The latest version was published in April 2024. Customs valuation treatment of damaged or defective…