March 20, 2024
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Two lessons from case law on the origin of goods

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Editors' note: The recent 20th Authors' Meeting dealt with issues of origin for customs purposes. At this meeting, the author presented two Israeli court cases - one concerning an unauthorised person signing the certificate of preferential origin and the other concerning whether pistachios originated in Iran or Turkey (non-preferential origin for the application of prohibitions). The cases are not necessarily new, but they deal with relevant questions: What happens if the proof of preferential origin is signed by an unauthorised person? Can the authorisation be granted retrospectively? Is the 'statistical and reasonableness check' sufficient for customs to reject the declared non-preferential origin of the goods?

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Country update, Topic spotlight
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Should the UK rejoin PEM?
12-01-2025

Whenever the topic of the Trade and Cooperation Agreement (TCA) review comes up, the Pan-European Mediterranean (PEM) origin cumulation zone is one of the topics mentioned as potentially in scope. Recently, several reports and organizations have included rejoining PEM as one of the recommendations for the new Government. Rejoining PEM is indeed one of the steps that could improve market access for products from all industries that could be done within the current format of the TCA. It could also be done without changing the essential character of the relationships, i.e. one based on a simple and fairly basic trade agreement.

Dr Anna Jerzewska

origin
Country update, Topic spotlight
icon
Should the UK rejoin PEM?
12-01-2025

Whenever the topic of the Trade and Cooperation Agreement (TCA) review comes up, the Pan-European Mediterranean (PEM) origin cumulation zone is one of the topics mentioned as potentially in scope. Recently, several reports and organizations have included rejoining PEM as one of the recommendations for the new Government. Rejoining PEM is indeed one of the steps that could improve market access for products from all industries that could be done within the current format of the TCA. It could also be done without changing the essential character of the relationships, i.e. one based on a simple and fairly basic trade agreement.

Dr Anna Jerzewska

origin
icon
Pan-European-Mediterranean (PEM) Zone
12-01-2025

The Pan-European-Mediterranean Zone was implemented in 2005. The idea was to create a cumulation zone between Europe and its neighbours and to encourage intra-regional integration by promoting trade and cooperation. The PEM Convention allows for the cumulation of origin between different countries within the zone. Cumulation of origin is one of the ways to allow for greater flexibility when it comes to using raw and semi-manufactured materials in the production process. It allows a member of a trade agreement to use originating products from other members.

origin
icon
Pan-European-Mediterranean (PEM) Zone
12-01-2025

The Pan-European-Mediterranean Zone was implemented in 2005. The idea was to create a cumulation zone between Europe and its neighbours and to encourage intra-regional integration by promoting trade and cooperation. The PEM Convention allows for the cumulation of origin between different countries within the zone. Cumulation of origin is one of the ways to allow for greater flexibility when it comes to using raw and semi-manufactured materials in the production process. It allows a member of a trade agreement to use originating products from other members.

origin
Case law
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Confiscation of third-party goods in case of unintentional customs infringement: CJEU interpretation
09-01-2025

Nobody likes to be penalised - whether you are an importer, a customs broker, or just a driver taking goods across the border. The penalty is a negative consequence for any person who has committed the offence. It is clear when a person deliberately does something illegal to benefit from it. But what about those who do not intend to break the law but do so inadvertently? Do the negative consequences only affect the person who directly committed the offence? This article seeks to answer these and other questions about the penalties for customs offences in the EU.

Dr Ilona Mishchenko

violations, law
Case law
icon
Confiscation of third-party goods in case of unintentional customs infringement: CJEU interpretation
09-01-2025

Nobody likes to be penalised - whether you are an importer, a customs broker, or just a driver taking goods across the border. The penalty is a negative consequence for any person who has committed the offence. It is clear when a person deliberately does something illegal to benefit from it. But what about those who do not intend to break the law but do so inadvertently? Do the negative consequences only affect the person who directly committed the offence? This article seeks to answer these and other questions about the penalties for customs offences in the EU.

Dr Ilona Mishchenko

violations, law
Topic spotlight
icon
From textiles to motor vehicles: a sectoral study of rules of origin complexity
29-12-2024

In their recent report, the World Customs Organization (WCO) proposed a new methodology for classifying and comparing product-specific rules of origin between agreements. This new conceptual tool: the "drafting complexity index" (DCI) was used to provide insights into rules for automotive and textile sectors.

Guillaume Gerout

origin
Topic spotlight
icon
From textiles to motor vehicles: a sectoral study of rules of origin complexity
29-12-2024

In their recent report, the World Customs Organization (WCO) proposed a new methodology for classifying and comparing product-specific rules of origin between agreements. This new conceptual tool: the "drafting complexity index" (DCI) was used to provide insights into rules for automotive and textile sectors.

Guillaume Gerout

origin
Perspective
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EU sanctions system and the new Customs Code
27-10-2024

The topic of sanctions is of particular importance in EU Customs Law, as sanctions are relevant tools for ensuring the proper enforcement of the latter in EU Member States. In this regard, the Proposal of 17 May 2023 for a Regulation of the European Parliament and of the Council establishing the Union Customs Code and the European Union Customs Authority, and repealing Regulation (EU) No 952/2013, highlights the negative effects of the lack of harmonization in terms of customs sanctions. It is emphasized therein that customs penalties vary greatly across Member States and are subject to evolution over time; in addition, the significant divergences between Member States in the application of sanctions against breaches of customs legislation can lead to a distortion of competition, loopholes and “customs shopping”.

Prof Fabrizio Vismara

violations
Perspective
icon
EU sanctions system and the new Customs Code
27-10-2024

The topic of sanctions is of particular importance in EU Customs Law, as sanctions are relevant tools for ensuring the proper enforcement of the latter in EU Member States. In this regard, the Proposal of 17 May 2023 for a Regulation of the European Parliament and of the Council establishing the Union Customs Code and the European Union Customs Authority, and repealing Regulation (EU) No 952/2013, highlights the negative effects of the lack of harmonization in terms of customs sanctions. It is emphasized therein that customs penalties vary greatly across Member States and are subject to evolution over time; in addition, the significant divergences between Member States in the application of sanctions against breaches of customs legislation can lead to a distortion of competition, loopholes and “customs shopping”.

Prof Fabrizio Vismara

violations
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