EU Court of Justice clarifies ban on legal advice
On 5 September 2024, the Court of Justice of the European Union delivered its judgment in the JEMERAK case (case number: C-109/23), which appears to be relevant to the sanctions imposed by the European Commission (the “Commission”) in connection with its provision of sanctions in connection with Russia’s military aggression in Ukraine Frequently Asked Questions (FAQs) for legal services. The court ruled that notaries are free to certify the sale of property belonging to unlisted Russian companies without violating sanctions against Russia. The dispute is based on the amendments to Regulation (EU) No. 833/2014 on restrictive measures applicable to Russia of 6 October 2022, which increase the global ban on the provision of legal advisory services to any legal person established in Russia. prohibition, regardless of whether the legal person exists in Russia. List of persons subject to other sanctions. This prohibition is provided for in Article 5quinquies, but does not include the provision of services necessary to guarantee access…
European Commission decides to register imported products
On September 24, 2024, the European Commission (“ committee') decided to register all imported products subject to anti-dumping or countervailing investigations. Registration also applies to ongoing investigations where a provisional decision has not yet been taken. According to Article 14(5) of the Basic Anti-dumping Regulations and Article 24(5) of the Basic Countervailing Regulations, imported products shall be registered according to the requirements of the Alliance Industry, and the Alliance Industry has sufficient evidence to prove the reasonableness of such actions. Imports may also require proactive registration by the Commission. This possibility allows the Commission to order the customs authorities of a Member State to register imports of products subject to anti-dumping or countervailing investigations, with a view to taking measures against these imports from the date of the registration. Registration is expected to be carried out by Member State customs authorities through individual implementing regulations in accordance with instructions from the Commission. So far, such automatic registration has only existed…
Application of transitional defaults
On September 12, 2024, the Directorate-General for Energy and Climate (DGEC) issued an administrative circular to importers outlining the procedures for the use of default values during the transition period from October 1, 2023 to December 31, 2025. This circular addresses the significant challenges faced by economic operators when submitting quarterly reports. After the third reporting period, the use of default values will be strictly limited. Any reports using these default values after the third reporting period will be considered legally inaccurate. The DGEC acknowledges that obtaining the information required for quarterly reporting may be difficult or even impossible and proposes an educational approach, depending on the circumstances: When actual emissions data are not available, after the third reporting period, default values may be permitted. This option is only feasible if the economic operator provides evidence that real data are not available and demonstrates good faith cooperation in complying with the mechanism. These efforts must be documented with supporting evidence…
Carbon Border Adjustment Mechanism (CBAM)
After long tripartite talks with the Commission and the Council, the European Parliament has just adopted the new Carbon Border Adjustment Mechanism (CBAM). As part of its “Green Deal” or “Fit for 55,” the EU has set a target of reducing CO2 emissions by 55% by 2030. Today, European companies that comply with EU environmental standards are competing with companies in countries outside the EU where environmental legislation is not as stringent with regard to CO2 emissions. The new mechanism will provide “carbon offsets” for certain goods imported into the EU, provided that they are Carbon-intensive approachMACF will not apply if the imported goods have been “carbon offset” in their country of production. The products involved include iron and Steel, cement, fertilizer, aluminum, electricity, hydrogen energy. EU hopes encourage Producers in non-EU countries should switch to technologies that emit less CO2 and non-EU countries should strengthen their environmental policies. The MACF is modeled after the EU Emissions Trading System (ETS)…
Customs Union Reform: Deep Simplification
On May 17, the European Commission proposed a comprehensive reform of the Customs Union. The rapid growth of trade volumes, especially e-commerce, makes such reforms imperative. The Commission's proposal features innovative use of databases and the adaptation of customs procedures to a digital format. The reform is based on three fundamental pillars: i) cooperation with businesses and data platforms, ii) a new approach to implementing customs controls in cooperation with the new EU customs authorities, and iii) a framework more adapted to e-commerce. In terms of working with businesses, the reforms aim to simplify procedures for businesses, both in terms of customs declarations and customs clearance: Companies will be able to register all information related to their products and supply chains on the EU's new customs data platform. The platform will be able to compile all the data provided by companies and provide customs authorities with a cross-sectional view of trade. The will to simplify procedures is also reflected in…
Customs Union Reform: Deep Simplification
On May 17, the European Commission proposed a comprehensive reform of the Customs Union. The rapid growth of trade volumes, especially e-commerce, makes such reforms imperative. The Commission's proposal features innovative use of databases and the adaptation of customs procedures to a digital format. The reform is based on three fundamental pillars: i) cooperation with businesses and data platforms, ii) a new approach to implementing customs controls in cooperation with the new EU customs authorities, and iii) a framework more adapted to e-commerce. In terms of working with businesses, the reforms aim to simplify procedures for businesses, both in terms of customs declarations and customs clearance: Companies will be able to register all information related to their products and supply chains on the EU's new customs data platform. The platform will be able to compile all the data provided by companies and provide customs authorities with a cross-sectional view of trade. The will to simplify procedures is also reflected in…
Article 60 of the Customs Code – Inspection and New Customs
Article 60 of the National Customs Code provides for searches of vehicles and persons. More broadly, the law enables customs officials to combat a wide range of trafficking activities, from petty trafficking to organized crime involving drugs or tobacco. This article stems from a decree of December 8, 1948, declaring Unconstitutional September 22, 2022. The main consequences quickly became apparent and led to legal uncertainty around the framework of the search. The central role played by Customs in combating all forms of trafficking is unquestionable, as evidenced by the figures for 2022. Customs seized more than 104 tonnes of drugs with an estimated black market value of more than €1 billion, 640 tonnes of tobacco and cigarettes, and more than 11 million counterfeit goods. The increase in the number of violations and their increasing complexity has shown that customs can use different means to deal with these problems. Customs enforcement is carried out through the National Customs Act, which Conferring…
Article 60 of the Customs Code – Inspection and New Customs
Article 60 of the National Customs Code provides for searches of vehicles and persons. More broadly, the law enables customs officials to combat a wide range of trafficking activities, from petty trafficking to organized crime involving drugs or tobacco. This article stems from a decree of December 8, 1948, declaring Unconstitutional September 22, 2022. The main consequences quickly became apparent and led to legal uncertainty around the framework of the search. The central role played by Customs in combating all forms of trafficking is unquestionable, as evidenced by the figures for 2022. Customs seized more than 104 tonnes of drugs with an estimated black market value of more than €1 billion, 640 tonnes of tobacco and cigarettes, and more than 11 million counterfeit goods. The increase in the number of violations and their increasing complexity has shown that customs can use different means to deal with these problems. Customs enforcement is carried out through the National Customs Act, which Conferring…
The effectiveness of EU sanctions against Russia
The European Union (EU) has continued to impose restrictive measures to sanction Russia’s actions since Russia’s invasion of Ukraine in February 2022. The EU’s main goal is to limit Russia’s ability to finance the war in Ukraine. exist 9day October 2023the European Parliament adopted a resolution on the effectiveness of EU sanctions against Russia. The resolution gives an overview of EU sanctions against Russia. For example, despite EU coal sanctions against Russia, Russia's coal production increased by 0.3% compared to 2021. Since the start of the war, Russia has earned 532 billion euros from fossil fuel exports, of which more than 178 billion euros came from purchases by EU Member States. For example, Europe's imports of petroleum products made with Russian oil from India have also increased. In addition, key Western components continue to be shipped to Russia through countries such as China, Turkey, the United Arab Emirates or Serbia. These figures and observations led the MPs to conclude that…
The twelfth round of sanctions against Russia: additional
exist December 18, 2023 The EU Council adopted the twelfth round of sanctions against Russia. I. List of Newly Registered Sanctioned Individuals and Entities: 140 new individuals and entities The targeted individuals and entities belong specifically to the following industries: Russian military and defense, including private military companies; Information Technology Department. Also includes: those who planned the recent illegal “elections” on Ukrainian territory; Those responsible for the forced “re-education” of Ukrainian children; People who spread false information/propaganda. II. Trade Measures: New import and export bans and restrictions A. Ban on importing Russian diamonds The start time of this ban varies depending on the nature of the imported diamonds: By January 1, 2024 at the latest: non-industrial diamonds mined, processed or produced in Russia; From March 1, 2024: Russian diamonds polished in third countries; From September 1, 2024: Laboratory diamonds, jewellery and watches containing diamonds. To ensure the effectiveness of these measures, a traceability mechanism will be established, which will, for…
Prohibited
Since Russia’s invasion of Ukraine in February 2022, the European Union (“EU”) has continued to impose restrictive measures to sanction Russia’s actions. Regulation No.: 833/2014 The bill aims to restrict and prohibit the import and export of certain products originating from Russia and has therefore been amended several times. Some of these changes are aimed at limiting Russia’s industrial capacity. For example, from June 3roadIn 2022, it is prohibited to provide certain services directly or indirectly to the Russian government or legal persons, entities or organizations established in Russia. The fifth §1 Target Accounting services, business and management consulting services or Public Relations Services. From October 6dayIn 2022, following the 8day The ban has been extended to other services as part of the sanctions package. Article 5n, paragraph 2,For example, Provide legal consulting services and IT consulting services. December 18dayIn 2023, Regulation (EU) No. 833/2014 was amended again following the adoption of the twelfth round of sanctions “packages”. The fifth…
Prohibition of the sale of forced
On 5 March 2024, the Council of the European Union and the European Parliament reached a provisional agreement on the prohibition of products produced as a result of forced labour as defined by the International Labour Organization and their export to third countries. The agreement introduces a series of changes that clarify the responsibilities of the Commission and national competent authorities in the investigation and decision-making process. Inspired by Section 307 of the U.S. Tariff Act, which gives U.S. Customs and Border Protection the power to deny the importation of goods that are made with forced labor (withholding order – WRO), this proposal Regulation Authorize regulators to penalize companies Order them to evacuate at their own expensegoods produced using forced labor and sold on the European market. It is worth mentioning here the various elements of the interim agreement between the two institutions: A database It will be developed by the Committee, detailing verifiable and regularly updated information on risks…
European sanctions: European definition of criminal offences
On April 12, 2024, the European Council adopted the directive, which sets out minimum rules for EU-wide prosecution of member states for violations or circumvention of EU sanctions. The directive was passed in the first reading by the European Parliament on March 12. The bill was published in the Official Journal of the European Union on 29 April and May 19Its provisions still need to be implemented by member states no later than May 20, 2025. The following deliberate violations of Union restrictive measures or national regulations will constitute a criminal offence: directly or indirectly providing funds or economic resources to persons, entities or designated institutions that violate the prohibitions that constitute Union restrictive measures... etc. In addition, Gross negligence If the violation of restrictions is permitted, it must constitute a criminal offence. Member States must ensure that these criminal offences are Effective, proportional and Dissuasive Criminal penalties. In addition, the Sanctions Directive also applies to natural persons. For certain…
European Sanctions Against Russia: Impact of the 14th
The Council of the European Union adopted on June 24th, a 14th package of sanctions against Russia, intensifying restrictive measures in response to the ongoing aggression against Ukraine and including the following restrictions: Export/Import of Goods Extension of export restrictions on dual-use/advanced technology goods (such as “quadbikes,” microwave and aerial amplifiers, and digital flight data recorders). Extension of current export bans on industrial products in four key sectors of the Russian war economy: Chemicals: manganese ores, silicon dioxide, chlorides, carbonates, rare earth compounds, refractory cements, battery chemicals. Plastics: all cellulose products and their derivatives. Vehicle parts, including spare parts for trucks; engines for all types of vehicles; and a limited number of automotive parts. Machinery and equipment such as drilling/excavation machines, pipe equipment; electrical equipment; monitors, radios, and video/audio equipment. Addition of 61 Russian entities and third-country entities (including China, Turkey, and Kyrgyzstan) to the list associated with the Russian military-industrial complex. Ban on importing helium and modifications to…
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