Customs updates 15th December 2015

The EU, Russia, Ukraine meet

EU Trade Commissioner Malmström, Minister of Foreign Affairs of Ukraine Klimkin and Minister of Economic Development of the Russian Federation Ulyukayev met for trilateral talks on the implementation of the EU-Ukraine Association Agreement/Deep and Comprehensive Free Trade Area (DCFTA), which will be provisionally applied as of 1 January 2016. The meeting was held In the framework of the trilateral talks and on the basis of the Joint Ministerial Statement of 12 September 2014 and taking into account the 12 February 2015 Declaration in support of the “Package of Measures for the Implementation of the Minsk Agreements”. The announcement said:

The consultation process at ministerial level was launched on July 11, 2014. Up to now 13 trilateral meetings, including 4 at ministerial level, have taken place to achieve practical solutions to concerns raised by the Russian Federation with regard to the implementation of the DCFTA between Ukraine and the EU. The ministerial level meetings have provided detailed guidance to the work of experts on the areas related to the implementation of the DCFTA.
Some concerns of the Russian Federation can be addressed in the context of the existing flexibilities available in the DCFTA. For some other concerns solutions can be available in the context of bilateral or trilateral and plurilateral cooperation frameworks.
The participants reiterated that trade liberalisation, in line with World Trade Organisation (WTO) principles and rules, would contribute to economic growth. Thus, it is understood that any practical solutions have to respect the relevant WTO provisions.
Participants have identified a number of potential practical solutions and are ready to continue talks at ministerial and expert levels.

UK- HMRC annouces transitional arrangements for the withdrawal of 'earlier sale' under UCC 

Under current EU legislation where there is a series of sales before the importation of the goods, any sale in the supply chain prior to the last sale which led to the introduction of the goods into the customs territory can potentially be used as the basis of the customs value. It has to be demonstrated to customs that the sale in question is a “sale for export” i.e. at the time of that sale the intended destination of the goods is to the EU and not to a third country.

HMRC states that despite its best efforts, it became increasingly difficult to maintain the current position on the use of an earlier sale due to increasing pressure from the EU Commission to withdraw it and a general lack of support from other member states.

After intensive negotiations a compromise solution is now included in the UCC text. A transitional period, applying until the end of 2017, will allow contracts to be signed before the entry into force of the Implementing Act later in 2015. This would enable existing contracts to be completed under the current business terms.

The UCC text reads as follows:

Article 341 Transitional provision on transaction value
The transaction value of the goods may be determined on the basis of a sale occurring before the sale referred to in Article 128(1) where the declarant is bound by a contract concluded prior to …. [Date to be inserted]
This Article shall apply until 31 December 2017
[Date to be decided] OJ: Entry into force of this Regulation

An importer may make use of the transition clause without prior agreement from HMRC. However, there must be a contract in place clearly specifying a start date but they need not specify the value of each expected shipment or consignment. Evidence may, however, be requested by HMRC either prior to importation or afterwards. Use of this transitional clause is restricted to contracts that are in place before the entry into force of the Regulation (20 days after its publication in the Official Journal). Publication is now expected towards the end of 2015/beginning of 2016.

This provision concludes on 31 December 2017, regardless of the length of the contract in place at which time the earlier sales facility is formally withdrawn. The UCC and the supplementing Commission Regulations will apply from 1 May 2016. Until then, the Community Customs Code and its implementing provisions continue to apply.

 EU - Commission publishes 2015 version of the Combined Nomenculature

The Combined Nomenclature forms the basis for the declaration of goods (a) at importation or exportation or (b) when subject to intra-Union trade statistics. This determines which rate of customs duty applies and how the goods are treated for statistical purposes. The CN is thus a vital working tool for business and the Member States' customs administrations.
The CN was established by Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff. It is updated every year and is published as a Commission Implementing Regulation in the Official Journal of the European Union, L Series.