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.

There is a training need of the private sector to encourage economic growth and ease international trade. Working closely together with the WCO, DEMOS brings together the foremost experts in customs and trade matters to meet the demand of a complex international and cross border trading system.

Pieter Haesaert and Joris Zaman of Customs4trade will be your trainers for 3 different areas:
* AEO / SAFE
* Customs Valuation / Transfer Pricing
* Risk Management

The courses will be organised in Brussels with a duration of 2 days each one, from 9H to 17H. The registration fee is €1.600 per course. At the end of the course participants receive a certificate issued by the WCO.
For detailed course descriptions and informations on dates, rates and registration, visit www.wcoomdtraining.org/en/home

Croatia and Turkey are interested in being invited to accede to the Convention on a Common transit procedure. The 1987 EU-EFTA Conventions on a common transit procedure and the simplification of formalities in trade in goods currently cover the EU, Norway, Switzerland and Iceland.
The Commission has set out its strategy to prepare certain candidate countries for accession to the Conventions. The approach of the Commission is that a country only can be invited to accede if it is able to implement the whole of the acquis on common transit and the simplification of formalities in force. This means e.g. that only those countries possessing a computerized transit system that meets the legal, technical and financial requirements of the New Computerised Transit System (NCTS) will be invited.
In order to be able to have the legal basis for the use of the common transit procedure as quickly as possible after assessment has shown that the candidate country complies with the conditions set, the Council Decision should provide the basis of acceptance for these countries.
This Council decision should be the basis for the invitation for accession to Croatia and Turkey, which should be ready to comply with the conditions for accession as soon as the connection to CCN/CSI is establised.
Croatia and Turkey’s accession to the Conventions will create a larger area for common transit operations which will benefit European trade.
More information ? http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2011:0640:FIN:EN:PDF