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The Customs Watch - Edition 15 - 2024

Updated: May 6

Legislative, Policy and Guidance Updates in Customs - For Customs Professionals by Customs Professionals



Edition No: 15

Week Coverage: 17

Dates covered: 23 April 2024 - 29 April 2024

Time to Read: Approx 10 Minutes

What is "The Customs Watch"?

Customs Watch, a weekly Compliance & Cost-Saving Magazine in blog format, offers detailed insights into EU, UK, and U.S. Customs Policy and Law updates. Exclusively available to PREMIUM members, it provides timely updates. Find out why this magazine is all about here.

Why read the Customs Watch every week?

Important Shortcuts & Contact Details


MEMBERS' BRIEFINGS


EU Forced Labour Law

EU Takes a Stand: Products Made with Forced Labor Face Ban from the Single Market

Executive Summary

  • The EU Parliament's recent regulation banning products made with forced labour from its market highlights its commitment to human rights and ethical trade.

  • Authorities are granted power to conduct thorough investigations into suspected cases of forced labour, with strict consequences for non-compliant companies, such as product withdrawal, financial penalties, and mandates for ethical disposal.

  • Companies intending to reintroduce products must prove the elimination of forced labour from their supply chains through rigorous due diligence.

  • The European Commission will offer comprehensive guidelines and support, particularly tailored for SMEs, to ease compliance.

  • A proposed database on forced labour risks aims to identify high-risk sectors and geographic areas, fostering transparency and ethical sourcing practices in supply chains.

  • We provide customers with extensive support to prepare for this regulatory change.


EU Deforestation Regulation

 Navigating the EU Deforestation Regulation: A Call to Action



The EU Deforestation Regulation, in effect since June 2023, places new obligations on industries to combat deforestation. As enforcement looms at the end of 2024, it's imperative for businesses to grasp their obligations as "Operators," importers, or traders. Despite opposition, the EU Commission hasn't altered the regulation, but adjustments might be on the horizon, potentially delaying enforcement. Businesses must stay informed and proactive to ensure compliance.




30 April 2024 - SPS Import Controls: A Case Study of Danish Pork Exporters


Explore the challenges faced by Danish pork exporters following Brexit-induced border checks on 30 April 2024.


In this comprehensive case study, discover how effective customs management plays a vital role in overcoming regulatory obstacles and maintaining trade resilience.







PREMIUM MEMBERS BRIEFINGS


EU: Q&A On the Deforestation Law of The EU

With expertly crafted responses to over 80 essential questions, our guide covers everything from defining operator roles to understanding due diligence obligations and exploring benchmarking methodologies.


Whether you're a seasoned professional or new to the regulatory scene, our FAQ guide equips you with the knowledge and insights necessary to thrive in today's regulatory environment. Download our FAQ guide now and take the first step towards mastering the EU Deforestation Regulation.






EU: Q&A On The Forced Labour Law

With expertly crafted responses to essential questions, our guide covers everything from defining the EUFLR to understanding due diligence obligations and exploring support tools. methodologies. We cover:


1. What is the EU Forced Labor Regulation (EUFLR) and when was it agreed upon?

2. Who does the EUFLR apply to?

3. What are the key takeaways regarding the scope of the regulation?

4. How will the EUFLR be enforced?

5. What criteria will be used to assess and manage risks under the EUFLR?

6. How will investigations into suspected violations be conducted?

7. What happens if forced labour is identified during an investigation?

8. How does the legislation protect the rights of economic operators during investigations?

9. What is the process for making final decisions on violations?

10. What are the consequences of non-compliance with the EUFLR?

11. What are the possible impacts of the regulation?

12. How does the legislation encourage due diligence efforts among businesses?

13. What is the "Forced Labour Single Portal," and how will it support operators and Member States?

14. What are the next steps for the legislation?

15. What support is available for companies regarding forced labour obligations under the legislation?



SPS Controls 30 April 2024: Support


Find the location and basic details of Border Control Posts (BCP).


The recent confirmation of Common User Charge rates in the UK heralds a significant shift in import regulations, particularly impacting SPS imports. But what exactly does this mean for businesses? Let's delve into the intricacies of this charge and its implications.


Frequently Asked Questions – IPAFFS and Health Certificates


Navigating Veterinary and SPS Regulations Made Easy with Customs Manager Ltd


Read our summary of common errors in SPS controls, IPAFFS and EHCs


Get ready for UK Veterinary Border & SPS Controls with our ultimate guide. Learn how to navigate the new regulations.


FREE TO SHARE ARTICLE

EU - UK Customs Management and Trade Compliance


Mastering Customs Management and Trade Compliance Post-Brexit: A Comprehensive Guide


Dive into our comprehensive guide to mastering customs management and trade compliance in the post-Brexit era. Gain insights, actionable strategies, and expert advice to navigate the evolving trade landscape effectively.





 

Get ready for the new GB SPS import controls on 30 April

From 00:01 30 April 2024, traders must:  

  • Ensure goods arrive through an appropriately designated Border Control Post (BCP) or Control Point (CP) for your commodity type  

  • If called, present the consignment for documentary, physical and identification inspections at the BCP or CP  

 

Support:

 

UK: New Computerised Transit System (NCTS) phase 5 (NCTS5)

As you may know, the New Computerised Transit System (NCTS) phase 5 (NCTS5) will be introduced from 01 July 2024. To prepare users for this change, HMRC are conducting a series of webinars to provide essential information about NCTS5, what it means for you, and how you can prepare. We held our first webinar in March and have produced responses to the critical questions raised there in our attached FAQ document. Furthermore, we are pleased to announce that HMRC will hold our next webinar at 13.00 on 15 May 2024. It is expected to last around an hour - the agenda is as follows:

 

 

Here is a link for the meeting - we would be most grateful for your attendance on the day of NCTS5 Webinar 150524 @13.00 hours.


Sevington inland border facility designated as a BCP 

The inland border facility at Sevington in Kent has been designated as a border control post (BCP) for Plant (P), Plant Products (PP), Other Objects (OO), Wood Products (PP(WP)), Products of Animal Origin (POA) and Products Not of Animal Origin (PNAO), entering Great Britain via the Port of Dover and Eurotunnel, from 30 April. 

Gov.UK guidance pages listing available border control posts for imports of animal products and food and feed not of animal origin, and plants and plant products, have now been updated to include Sevington inland border facility as a designated BCP. 


Checks being implemented on 30 April 2024 

DEFRAs two priorities remain unchanged. Protecting UK biosecurity and safeguarding the vital flow of trade into Great Britain.   

From 30 April, goods posing the highest biosecurity risk (across all BTOM risk categories) will be prioritised as we build up to full BTOM check rates and high levels of compliance. This approach ensures we are striking the appropriate balance between protecting the UK from biosecurity risks and facilitating trade. We will continually review our enforcement approach trac, tracking compliance and disruption levels and adjusting itrdingly. This graduation of controls will support traders as they transition and adjust to the new regime. 

 

30 April 2024 - SPS Import Controls: A Case Study of Danish Pork Exporters

Explore the challenges faced by Danish pork exporters following Brexit-induced border checks on 30 April 2024. In this comprehensive case study, discover how effective customs management is vital in overcoming regulatory obstacles and maintaining trade resilience. Case Study Here

 

Contact points for urgent BTOM queries   

From 30 April, any urgent BTOM/import queries for plants and plant products across England & Wales should be directed to the Animal & Plant Health Agency (APHA) by email, the first instance: phsi-importers@apha.gov.uk    . Alternatively, you can contact them by telephone: +44 (0) 3000 200 301   . From 30 April, any urgent BTOM/import queries for animal products should be directed to the Port Health Authority (PHA) at your nominated Border Control Post (BCP). 

 

A summary of common errors 

Read our summary of common errors identified through the documentary checks undertaken since the import controls were implemented on 31 January.   Ensuring you do not repeat these common errors can help reduce the need to undergo in-person documentary checks at the border. 

 

Sevington inland border facility designated as a BCP 

The inland border facility at Sevington in Kent has been designated as a border control post (BCP) for Plant (P), Plant Products (PP), Other Objects (OO), Wood Products (PP(WP)), Products of Animal Origin (POA) and Products Not of Animal Origin (PNAO), entering Great Britain via the Port of Dover and Eurotunnel, from 30 April.  Gov.UK guidance pages listing available border control posts for imports of animal products, food and feed not of animal origin, and plants and plant products have now been updated to include Sevington inland border facility as a designated BCP. 

 

GB SPS: Common User Charge 

We have updated the Common User Charge guidance on billing details required to pay Common User Charge invoices where an agent importing Animal Products or HRFNAO acts on behalf of more than one importer. 

In these circumstances, the agent will need to: 

  • provide their billing details on IPAFFS 

  • receive one invoice covering all pre-notifications for all CHEDs they have raised in the invoicing period, and  

  • be responsible for paying the Common User Charge. 

Find out more about expected user charge rates and how the charge will apply to imports entering Great Britain through the Port of Dover and Eurotunnel from 30 April 2024.


 Liability for non-compliance 

Liability for non-compliance with UK SPS controls when importing plants and plant products will vary depending on the type of non-compliance. However, this may include action against breaches of regulatory requirements by the importer/their agent/the BCP/the port operator and others in the supply chain. If you are importing or transiting animal products into Great Britain, the operator responsible for the consignment - named in Box I.8 of the Common Health Import Document (CHED) import notification - will be liable for all associated non-compliance enforcement action. If an agent is named as the CHED's responsible operator, they will assume this liability. Contractual arrangements between the importer and their agent are a matter for those parties.

 

 

Returning goods rejected at a GB BCP 

The European Union has procedures to accept returned feed and food products rejected in another country, including Great Britain. Occasionally, GB inspectors will not permit a return, and the consignment will be destroyed. Where a return has been permitted, it is essential to consult the competent authority at the final destination point in the EU for approval and any specific local conditions.

 

Returned feed and food must re-enter the EU via a designated Border Control Post for the returned commodity. The consignment will be subject to documentary and other checks as deemed appropriate by officials at the EU BCP.

 

Goods should be returned to their original establishment of origin. In exceptional circumstances, the competent authority in the EU may permit a return to an alternate destination or, where the goods pose a serious risk to public health, an approved disposal facility.

 

The original documentation used to import the goods into GB should travel with the consignment. The importer will need to provide the local officials at the entry point in the EU with written confirmation of why the products were refused entry to GB, a guarantee that transport and storage conditions have been met and confirmation that the goods have not been handled, e.g. for unloading purposes in GB.

 

Using 'Clone a Certificate' for live animals on IPAFFS will make your import notification process easier and quicker.  

'Clone a Certificate' allows the direct cloning of Digital Export Health Certificates from exporting countries where the capability is available, as set out in the BTOM.  Using the 'Clone a Certificate' function will reduce the time to complete a CHED import notification and reduce manual data entry errors. It will automatically attach a digitally signed, tamper-proof PDF of the health certificate directly from TRACES to the CHED. The 'Clone, a Certificate' function for Live Animals, launched on IPAFFS earlier this year, is available to import live animals from EU Member States that use TRACES.  It has now also been extended for use in Norway and Iceland.  

 

Post-Brexit Border Checks

MPs demand clarity on post-Brexit border checks on food imports from EU - High error rates risk automatically sending thousands of trucks for physical inspection, officials warn - Financial Times.

 

Northern Ireland Trade: Benefits of UKIMS 

 If you move goods into Northern Ireland, you could benefit from joining the UK Internal Market Scheme (UKIMS). You can apply to join UKIMS on GOV.UK. UKIMS allows trusted traders to declare eligible goods' not at risk'. That means you won't pay EU duty for eligible goods moving from Great Britain to Northern Ireland. You'll only pay UK duty when moving eligible goods into Northern Ireland from a country outside both the UK and the EU. 

The UK Internal Market Scheme authorisation will also provide you with access to the full benefits of the UK Internal Market System from 30 September 2024. This means goods moving from Great Britain into Northern Ireland can be moved using a simplified dataset based on commercial information 

 You'll also have a unique 'Trader Goods Profile' populated with goods you move – this means you won't need to provide a commodity code for each movement of goods. From 30 September 2024, businesses sending parcels to another company (B2B movements) between Great Britain and Northern Ireland will follow the same processes as freight. The business sending or receiving the parcel will need UKIMS authorisation to use these processes.  There's a detailed blog on the Customs Manager.INFO website. This includes frequently asked questions and more details. For more on trading with Northern Ireland, please get in touch.

 

UK CDS Update

  • Requirements for document code Y121 have been updated to show that the document ID, rather than the document reason, is mandatory when declaring Y121. Validation will be introduced on 10 May 2024 to enforce the completion of the document ID when using document code Y121. In the meantime, Customs Declaration Service will accept Y121 with either the document ID or the documented reason (or both) completed.

  • Document code 9083 was added before an update to tariff measures for bananas was made.

 

 

Border Force customs offices list

Find a contact list of Border Force customs offices and their opening times.

 

 

Legal UK Updates

Recent updates to key regulatory documents post-Brexit highlight significant trade procedure and regulation changes.

 

These updates underscore the ongoing adjustments in trade policies and emphasise the importance of staying informed and compliant with evolving regulations for businesses involved in international trade.

 

Find an approved UK border control post (BCP) to check the animals, animal products or high-risk food and feed of non-animal origin in your consignment. We have updated the telephone numbers for Felixstowe entries. The category of animals and goods and specifications for the Grangemouth General Cargo, Grangemouth Container Terminal and Tilbury entries have been updated. The address entry for Teesport has also been updated. We have added new designated border control post entries for Grimsby and Immingham, Hull, Killingholme, Newhaven, Plymouth, Portsmouth, Purfleet, Sevington, Teesport, Tilbury 2 Ro-Ro.

 

Allocation coefficients and decision

Updates made to Tarif Quotas to show figures for May 2024

 

This notice informs you of the next round of applications for the GATT beef quota.

 

This notice is to inform you of the following application round and quantity available for this quota from 1 June 2024 – 31 May 2025.

 

This notice informs you of the next round of Rice import quotas.


You may submit your application for a licence between 1 May 2024 and 5 pm on 7 May 2024.

 

EU Forced Labour Law

The European Parliament's recent approval of a regulation banning products made with forced labour from the EU single market underscores the region's commitment to human rights and ethical trade. This regulation empowers authorities to conduct thorough investigations into suspected cases of forced labour, with stringent consequences for non-compliant companies, including product withdrawal, financial penalties, and mandates for ethical disposal. Companies seeking to reintroduce products must demonstrate the elimination of forced labour from their supply chains through rigorous due diligence. The European Commission will provide comprehensive guidelines and support, particularly for SMEs, to facilitate compliance. Additionally, a proposed database on forced labour risks aims to aid in identifying high-risk sectors and geographic areas, ensuring transparency and ethical sourcing practices throughout supply chains.

 

Understanding the Impact of the EU Deforestation Regulation

The EU Deforestation Regulation, enacted in June 2023, may have significant implications for  members, as it mandates stringent measures to combat deforestation and forest degradation. With enforcement slated to begin by the end of 2024, affected members must diligently navigate the regulation's complexities. The regulation's broad scope covers a wide range of products, necessitating thorough assessment and compliance efforts to ensure products are "deforestation-free" and adhere to local laws. Affected members must proactively engage in due diligence, understanding their roles as importers or traders and assuming primary responsibility for compliance. As enforcement draws nearer, staying informed about regulatory developments and fostering transparent supplier relationships are crucial for effectively navigating the EU Deforestation Regulation.   Briefing here. 

 

 

Briefing on EU - UK Customs Management and Trade Compliance

Mastering Customs Management and Trade Compliance Post-Brexit: A Comprehensive Guide

Dive into our comprehensive guide to mastering customs management and trade compliance in the post-Brexit era. Gain insights, actionable strategies, and expert advice to navigate the evolving trade landscape effectively. Briefing here

 

 

EU Tariff Quota & More under Free Trade Agreements

  • Draft Commission Implementing Regulation …/… of XXX amending Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 regarding the creation, modification and management of specific tariff quotas following the Interim Agreement on Trade between the European Union and the Republic of Chile

  • Draft Commission Implementing Regulation …/… of XXX amending Implementing Regulation (EU) 2020/761 about the management of specific tariff quotas in the rice sector, the adjustment of cheese export tariff quota for the United States and an update of the technical specifications for the IMA 1 certificates for the import of dairy products from New Zealand

  • Commission Delegated Regulation (EU) 2024/1173 of 13 March 2024 amending Delegated Regulation (EU) 2020/760 as regards some provisions following the free trade agreement between the European Union and New Zealand and deletion of obsolete provisions as regards export tariff quota for milk powder

  • Commission Implementing Regulation (EU) 2024/1178 of 23 April 2024 amending Implementing Regulations (EU) 2020/761 and (EU) 2020/1988 as regards the creation, modification and management of specific tariff quotas following the free trade agreement between the European Union and New Zealand

 

 

WCO - New instrument on Customs valuation adopted

The 58th Session of the Technical Committee on Customs Valuation (TCCV) focused on eight technical questions regarding Customs valuation challenges such as transfer pricing, e-commerce, and cryptocurrency. They adopted a new instrument, Commentary 26.1, to guide Customs administrations. This Commentary defines "substantially" as aligning with quantities found in previously accepted transaction values involving the same commercial practices. The adopted Commentary will be submitted to the WCO Council for approval at 20 June Sessions.

 

Thirty years of trade growth and poverty reduction

Since the signing of the Marrakesh Agreement, which established the World Trade Organization on 15 April 1994, global trade has surged, reaching over US$ 30.4 trillion in 2023, a fivefold increase since 1995. At the same time, tariffs have declined markedly under the WTO, helping to reduce trade costs. This trade growth has coincided with a significant decrease in poverty worldwide, indicating the impact of trade on supporting economic development and improving people's lives. WTO - Thirty years of trade growth and poverty reduction

 

 

Sources


EU

  • Official Journal of the EU

  • DG TAXUD Website

  • DG TRADE Website

  • Social Media (LinkedIn, Twitter, etc).

  • Information on the National Customs Website of Member States


UK

  • Information on gov.uk 

  • Information on legislation.gov.uk 

  • Department of Business and Trade

  • HMRC

  • DEFRA

  • Social Media (LinkedIn, Twitter, etc).


Other

  • World Trade Organisation (WTO)

  • World Customs Organisation (WCO)

  • United Nations (Sanctions) - UNCTAD

  • Social Media (LinkedIn, Twitter, etc).What if I have a question regarding these updates

 

4-In-1 Support Services: How to get more support

1. Customs & Global Trade Updates (Fee Subscription): www.customsmanager.info

2. Customs & Global Trade Consultancy & Advice (Free First Call): https://www.customsmanager.org/consultancy

3. Customs & Global Trade Training & Education: https://www.customsmanager.org/education-training

4. Compliant & efficient UK Customs Clearance: https://www.customsmanager.org/customs-agent


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