Customs Practitioners Group
|
| home | about CPG | resources | meetings | join CPG |
contact CPG | site map | constitution | members login | |
|
| © 2006 CPG | legal disclaimer | |
Newsbites 2004
Disclaimer: The content of each Newsbite is provided by the CPG member who is its author and does not necessarily represent the views of the CPG. Each Newsbite is illustrative of the skills and knowledge of the author but it is not to be taken as individual advice applicable to any particular case.
Most CPG members are professional advisers and consultants. A member's professional services or advice may be obtained on a fee paying basis. When contacting the member for more information or advice, the terms of business of the member will be provided.
Links to Newsbites' archive: | 2005 | 2003 |
October 2004
September 2004
U
August 2004
Reviews & Appeals – Centralisation
EU
May 2004
New Export Control Legislation from 1 May 2004: The Role of Customs and Excise
January 2004
List of JCCC Information Papers issued in 2003
SAD Harmonisation (October 2004)
Material provided by Graham Jenkins
The EC Commission published a new Regulation (2286/2003 dated 18
December 2003) amending the Community Customs Code (Regulation 2454/93).
The new Regulation changes the rules for completion of many of the
boxes on the SAD (Single Administrative Document).
The impact of this new Regulation on the completion of Customs
declarations will be significant regarding imports, exports and
goods being placed into or being removed from Customs and/or Excise warehouses.
It is hoped the new rules will take effect during 2006 but not
all Member States are likely to meet this deadline.
Further information about the changes to the SAD and the
harmonisation timetable can be found on the Customs website at www.hmce.gov.uk and the Commission
website at www.europa.eu.int
Software developers are reminded there will be changes to the
EDIFACT messaging system but no changes to the XML and E-Mail messaging
systems are anticipated. Software developers who wish to be kept informed of
technical details including new specifications etc should email
stuart.nicol@hmce.gsi.gov.uk
with their details.
…. back to top
US Files WTO Case Against EU Customs System (September 2004)
Material provided by Barbara Scott
The USA has taken the first steps in filing a WTO case against the EU
regarding its Customs system. The USA
considers that the lack of uniformity in applying Customs law and procedures
across the Community hinders US exporters particularly SMEs. It cites differences in tariff
classification and tribunal procedures as specific examples and has requested
WTO “consultations” to resolve this issue.
The European Commission does not consider that the US complaint has a
legal basis but, if these differences cannot be satisfactorily resolved in
consultations, the US may ask the WTO to set up a panel to consider whether the
EU Customs regime complies with WTO rules.
…. back to top
Reviews & Appeals – Centralisation (August 2004)
Material provided by Mike Hodge
In the light of a number of complaints from the Trade about the
operation and effectiveness of the Reviews & Appeals system, Customs &
Excise have now decided to nationalise centrally the Customs &
International Trade Review & Appeals in one team which will be based in
Southend. Customs take the view that a
national team (operating in the same locality as the Policy Group) will be able
to deliver an efficient, effective and proportional service in respect of
Review decisions. They feel that the
centralisation of this function will provide:
· consistency and equality of treatment.
· consistency of applications of EU legislation and decision making.
· improved service levels.
· a greater assurance of the objectivity and independence of the Review Process
· that best practice is encouraged and that the business fraternity have more open lines of communication with the Review team, and finally
·
that Customs & International Trade can take a
proactive role in the development of business improvement initiatives and
provide a greater level of detail to the trading community concerning reasons
for Review requests and overturned decisions.
This centralisation is scheduled to be effective by April 2005.
…. back to top
EU Future Textile and Clothing Policy (August 2004)
Material provided by Paul Ellis
At a high level group meeting including EU Trade Commissioner
Pascal Lamy, EU Enterprise and Information Society commissioner Erkki Liikanen,
representatives of EU member states and Trade Representatives have agreed the
following recommendations for future trade in textiles and clothing. These are mainly in response to the end of
the MFA restrictions that will end on 31st December 2004 and the enlargement of
the EU.
1. Strengthen protection
of intellectual property rights.
2. Improve education,
training and employment.
3. Enhance
competitiveness.
4. Re-focus regional
funds in support of textile and clothing industry.
5. More R&D and
innovation for the textile and clothing sector; simpler rules for access of
SME’s to R&D and innovation programmes.
6. Trade: improving
the access of the EU textile industry to third countries.
7. China: importance
of Chinese market as a destination of EU exports and setting up of monitoring
system to examine the evolution of imports from China, the market access it
offers and compliance with WTO commitments.
Pascal Lamy stated “The EU will stand by its commitment we took in 1995
in the WTO to phase out textile quotas.
Our market will remain open to imports, especially those from the
weakest developing countries, but we need to ensure that third countries reduce
barriers to EU exports of textile and clothing.
In 2003 the enlarged EU textile and clothing industry employed 2,700,000
workers in 177,000 companies with a turnover of £375b. The EU is the world’s biggest exporter of
textile and clothing products and the second largest exporter to China.
…. back to top
More EU/US Trade Wars? (May 2004)
Material provided by Barbara Scott
As well as the current additional duties that are being levied on certain
products imported from the USA, there is the possibility of more EU action that
could lead to increased duties on US imports.
The EU, and other countries, have applied to the WTO to take retaliation
against the US for continuing to breach WTO rules. In January 2003, the WTO ruled that the US procedure for giving
the anti-dumping duties collected to the companies who may be harmed by the
dumped imports (known as the Byrd Amendment) was illegal. It gave the US until 31 December last year
to repeal this but the US has not done so.
In the next few weeks, WTO will rule on the level of retaliation that
the EU can take. The Commission will
then draw up the list of goods, level of additional duties and date of
implementation. While none of this
information is yet available, the Commission has advised that it will use the
same list of products drawn up last year for retaliation against the US in the
‘Steel War’. Fortunately, those duties
were not levied as the US repealed its offending legislation. However, the products that could be affected
include watches, spectacles, paper products, brushes, pens and many more
manufactured goods as well as textiles, footwear and foodstuffs.
…. back to top
New Export Control Legislation from 1 May 2004: The Role of Customs and Excise (May 2004)
Material provided by Graham Jenkins
On 1 May 2004 the export provisions of the Import, Export and Customs
Powers (Defence) Act 1939 were repealed and replaced by the Export
Control Act 2002. On the same
day, the Export of Goods (Control) Order 1992 was replaced by The Export
of Objects of Cultural Interest (Control) Order 2003 and the Export of
Goods (Control) Order 1994 was replaced by Export of
Goods, Transfer of Technology and Provision of Technical Assistance (Control)
Order 2003. Since the new
orders re-enact existing legislation Customs procedures remain the same but the
guidance to officers is being updated to reflect the new legislation. Licences issued under previous legislation
continue to be valid after 1 May. For
strategic exports the maximum penalty for breaching the control is increased to
10 years imprisonment to reflect the seriousness the Government attaches to
these controls.
As the title suggests, the scope of the new legislation has been
increased to introduce new licensing requirements on a range of services, e.g.:
·
the electronic transfer of military technology (dual-use technology has
been subject to licensing since 20 September 2000);
·
the provision overseas of technical assistance relating to WMD; and
·
the transfer by any means, including oral communication of technology
relating to WMD; and
·
overseas trade in military goods.
This is sometimes referred to as trafficking and brokering though the
controls apply to a wide range of acceptable activity. These controls are provided in two further
orders: The Trade
in Goods (Control) Order 2003 which came into effect on 1 May and The Trade in Controlled Goods (Embargoed
Destinations) Order 2004 which came into effect on 3 March.
New open licences have been issued and existing licences extended to
cover much of this newly controlled activity.
It should be noted that Customs does not have a regulatory role in
respect of the new controls since these do not involve the movement of goods
from the UK. However, Customs does have
an enforcement role and will investigate breaches of the controls (other than
those relating to transfers wholly within the UK) on an intelligence-led basis
and will prosecute if there is sufficient evidence of a deliberate offence.
…. back to top
List of JCCC Information Papers issued in 2003 (January 2004)
Click
here. for a list of JCCC Information Papers issued in 2003.
…. back to top