The European Parliament gave on 1 December its consent for Croatia’s Treaty of Accession to the European Union at its plenary session in Brussels.
The Treaty of Accession of Croatia to the European Union was signed on 9 December at the European Council in Brussels. The signature marks the successful end to six-years of negotiations and represents one of the final milestones in the country’s road to EU Membership. President Jose Manuel Barroso noted at this historic occasion: “Today’s signature of the Accession Treaty is an outstanding moment for the European Union and for Croatia” and added that “Croatia is the best proof of how strong and successful the transformative power of the enlargement policy can be”. Croatia applied for EU membership in 2003, became a candidate country in 2004, and started accession negotiations in October 2005. The negotiations were successfully 30 June this year. Croatia is foreseen to hold a referendum in early 2012, subject to the ratification, of the Accession Treaty by all 27 Member States. Croatia will join the European Union on the 1 July 2013 as the 28th Member State and will until then participate in the European Council as an active observer.

Imitations of goods protected in the EU by intellectual property rights, that are in customs warehousing or in transit in the EU, can be classified as ‘counterfeit’ or ‘pirated’ goods if it is proven that they are intended to be put on sale in the EU.

Such protected goods cannot, by the fact of being placed under a suspension procedure, infringe EU intellectual property rights. However the intellectual property rights may be infringed, even before the goods arrive in the customs territory of the EU, if the goods are the subject of a commercial act towards the EU consumers (eg: sale, offer for sale, advertising,…).

Even if there are indications that one or more of the involved operators (manufacture, consignment distribution) are about to direct such goods towards EU consumers or when they have such intention, then an EU Customs Authority can temporary detent such goods.

On the other hand, if it is not proven that these goods are intended to be put on sale in the European Union then they can’t be classified as ‘counterfeit goods’ and ‘pirated goods’.

For more information we refer to the Judgment of the Court of Justice of the European Union in the joined cases C 446/09 and C 495/09 (1 Dec. 2011)

Mr. Algirdas Semeta, the EU Commissioner for Taxation and Customs Union, Audit and Anti-Fraud has addressed a Statement welcoming EU-US mutual recognition of safe traders during the Post TEC Press Conference in Washington on 29 November 2011:

A huge step forward has been taken in the EU-US trade relationship – and in securing the supply chain at global level. Yesterday, I met with Secretary Napolitano and had an open and frank discussion of how we cooperate in this field. Following further contacts this morning, I am pleased to announce that the EU and USA have agreed to mutually recognise each other’s security certified operators. This means that smooth trade and secure trade will now go hand-in-hand.

In recognising each other’s safe traders, we are enabling them to enjoy lower costs and simpler procedures at customs, as well as greater predictability and fewer delays in moving goods. In Europe, 4,600 Authorised Economic Operators have been waiting eagerly for this. They stand to become more competitive, as they and their US trading partners will spend less time and resources on validation of their security standards. The 10,000 members of C-TPAT will have a much wider choice in certified counterparts, securing the supply chain from end to end. In short, this agreement will make trade easier and cheaper for companies, at a time when they particularly need such facilitation and support.

It will start to take effect no later than July 2012, once the I.T. systems are set up. So businesses and traders do not have long to wait before they see the benefits. Mutual recognition will also contribute to the enhanced security of both our trade lanes and our citizens, by allowing customs to concentrate their resources on targeting real risks.

As discussed today, we need to continue to work together to make the global supply chain more resilient and better protected against attack. Mutually recognising each other’s programmes is a concrete move in that direction.

This mutual recognition agreement is the result of years of work, involving all EU Member States. It clearly proves the benefits of Trans-Atlantic cooperation. In these times of economic difficulty, such a business-friendly and trade-friendly agreement is truly something to be welcomed.

A new Regulation on Administrative Cooperation in the field of excise duties has been proposed by the European Commission. This Regulation should replace the existing rules. It aims to better reflect the introduction of the EMCS (Excise Movement Control System).
Although EMCS was introduced in April 2010, still a part of the information exchange between Member States is done manually. By computerizing these exchanges, it will be easier and faster to collect the excise duties that are due.

The new Regulation should replace manual procedures with automated EMCS information exchange(e.g. information on road controls or interruptions in the movement of goods). The proposed Regulation also clarifies the rights and obligations of Member States in order to create a process that allows Member States to collect and retrieve excise duties as smooth and efficient as possible. Simplification of legislation, simplification of administrative procedures for public authorities (EU or national) and simplification of administrative procedures for private parties are also part of objectives.

Economic operators should be able to speedily operate the verifications necessary for movements of excise goods. Therefore they need the possibility to get electronically confirmation on the validity of excise numbers through a central register. This is covered by Article 19 of the proposed Regulation which describes the arrangements for the electronic database (SEEDv.1) and the obligation for the Member States and the Commission Central Services to make sure that the register details are updated and accurate so that EMCS movements can proceed immediately. The service, by which where a Member State may ask another Member State to conduct an administrative enquiry to trace missing documentation, is covered by article 33.

For more information please see the press release IP/11/1339 on http://europa.eu/rapid/pressReleasesAction.do?reference=IP/

In deze opleiding voor niet-ingewijden wordt aandacht besteed aan alle belangrijke douanebegrippen. De cursist krijgt hierdoor een volledig overzicht van de materie. Door illustratie met voorbeelden uit de praktijk verwerft de cursist een achtergrond die praktisch bruikbaar is. De cursist begrijpt de samenhang van de verschillende onderdelen en heeft na afloop zicht op opportuniteiten en risico’s.

De lesgevers zijn experts op hun vakgebied: Pieter Haesaert en Joris Zaman zijn uw docenten tijdens deze opleiding van Portilog die 2 maal per jaar georganiseerd wordt.

Avondsessie: telkens op donderdag, 12, 19 en 26 januari, 2 en 9 februari 2012- ALM Berchem

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