Customs & Justice in the EU

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In his insightful talk, Anthony Buckley gives an overview of the state of the current customs-related justice system in the EU and highlights where the problems lie. Some of these thoughts:

  • Customs is intensely technical, beyond the competence of most general business operatives. Despite this, there is very little provision in Customs law for genuine error, and virtually no allowance in the context of post-hoc checks.
  • In “traditional” customs, where the examination of declarations and goods takes place at the time of the event, there is scope  for goods to be delayed, for discussion to take place, for documents to be amended.  In “modern”  customs, over 90% of goods move without checking, but once released, the documents submitted are difficult to correct.
  • It is possible to make amendments  if no Customs enquiry is in train. However, in many (most?) cases, the trader believes everything is correct until Customs informs him/her otherwise. At that point, amendment, correction, or procurement of other documents is not allowed.
  • Customs law reflects norms and practices  that no longer prevail. It needs to be examined through the lens of fairness, taking account of the real situation of economic operators, especially small and medium enterprises.

Find out more by watching the video. 

You can find the slides in the resources section.

Resources are available after purchase.

Comments ()

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Confiscation of third-party goods in case of unintentional customs infringement: CJEU interpretation
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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.

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News in brief: UK joins CPTPP; the General Product Safety Regulation and impact on Northern Ireland; Geographical indications for 39 British food and drink products in Japan; UK Tariff 2025; countries eligible for approved exporter status; the Customs (Tariff and Miscellaneous Amendments) No. 3 and No. 4; preparations for the end of the safety and security declarations waiver; notice to exporters 2024/30; Belarus sanctions; trade remedies notices and tariff notices.

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EU customs and trade news: December 2024
29-12-2024

News in weeks 51 and 52: 15th package of restrictive measures against Russia and Belarus; Interim Agreement on trade between the EU and Chile; Georgia to join the Common Transit Convention; preparation for the entry into force of the Revised PEM Convention on 1 January 2025; CBAM upcoming changes at the beginning of 2025; EUDR application postponed by 12 months; new EU rules on sustainable packaging; CJEU on the interpretation of the Article 15 and Article 42(1) and (2) of the UCC; classification of facial wipes packaged for retail sale, unfilled seating bag (so-called beanbag) and hard metal sticks made of cermets; suspension of the Common Customs Tariff duties on certain products; amendments to autonomous tariff quotas; review of steel safeguard to protect EU steel industry; safeguard investigation into imports of alloys; anti-dumping duty on seamless pipes and tubes; definitive anti-dumping duty on optical fibre cables; and more news!

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