Monday, June 27, 2022
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"Beemsterboer" Decision, the EU Commission issues guidelines on the interpretation of the art. 220 (2) (b) CCC

The Italian Customs administration, with the notice n. 67734/08/RU of 30/01/2009 announces that the European Commission, with the document TAXUD/2006/1222 has provided some guidelines regarding the interpretation of art. 220, par. 2. point b) of the Community Customs Code (CCC) i.e. the ECC Regulation n. 2913/1992, concerning customs duties not entered in the accounts as a result of an error of the customs authorities. Such comments have been introduced following the decision "Beemsterboer" (European Court of Justice, Decision 9 March 2006, Case C-293/04).

The case regarded a post-clearance recovery of import duties under art. 220 (2) (b) of the CCC.

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Definitive anti-dumping duty imposed on imports of certain iron or steel fasteners originating in China

The Council Regulation (EC) No 91/2009 of 26 January 2009 has imposed a definitive anti-dumping duty on certain iron or steel fasteners, other than of stainless steel and, more precisely, on: wood screws (excluding coach screws), self-tapping screws, other screws and bolts with heads (whether or not with their nuts or washers, but excluding screws turned from bars, rods, profiles or wire, of solid section, of a shank thickness not exceeding 6 mm and excluding screws and bolts for fixing railway track construction material), and washers, originating in the People's Republic of China, falling within the following CN codes:

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VAT warehouses: the Italian Parliament introduces a statutory interpretation of art. 50a, par. 4 of law decree 30 August 1993 n. 331

With law 28 January 2009, n. 2, published in the Official Journal of the Italian Republic n. 22 - S.O, of 28 January 2009, the decree 29 November 2008, n. 185, establishing urgent measures of support to families, job, occupation and enterprises, has been converted in law. Among the most interesting news in the tax/customs sector there is the introduction (art. 16) of a provision establishing a statutory interpretation concerning at. 50 bis, par. 4, of d.l. 30 August 1993 n. 331, converted with amendments in law 29 October 1993, n. 427, i.e. the article introducing and regulating VAT warehouses within the Italian legal system.

According to such provsion, the services of consigment to the warehousekeeper referred to in par. 4, point  h), d.l. 331/1993 (i.e. provisions of services - processing operations and usual forms of handling included  - concerning goods stored in a VAT warehouse, even though not materially performed in the warehouse, but in premises bordering the warehouse site and provided that, in such a  case, that thier lenght is not superior to 60 days), are considered as an introduction in the VAT warehouse.

Excises on manufactured tobacco, the EU Commission publishes the updated rates

The European Commission, in collaboration with the member States, has established the "Excise duty tables" indicating the excises (ad valorem and specific) updated to January 2009, that are applied on manufactured tobacco by each member State. Such tables are published twice a year, usually in January and July.

Excises rates applied on alcol beverages, as well as those applied on energetic products and electricity, are available (the relevant rates are updated on July 2008) at the following links:

In the next days also the updated rates on these two categories of goods will be published on the EU Commission General Directorate TAXUD web site.

Milk and milk products: reintroduced the export refunds

The Ministry of Economic Development – International Trade Dept., General Directorate for the international commercial policy, IInd Division, with the Notice Prot. 20090006311 of 23.01.2009, announces the publication in the Official Journal of the European Union L.19 of 23.01.2009, of the Commission Regulation (EC) N. 57/2009 of 22 January 2009, reintroducing the export refunds in the milk and milk-products sector, as provided for in Article 164 of the Single CMO Regulation (Regulation (EC) n. 1234/2007). The  products concerned are listed in the Annex of the new Regulation and the amount of the refunds are specified in relation to each tariff subheading. The conditions on whose basis the refunds are granted are set forth in Article 3(2) of Commission Regulation (EC) No 1282/2006 (e.g. preparation in an approved establishment and compliance with the identification marking requirements specified in Section I of Annex II to Regulation (EC) No 853/2004).

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