Saturday, December 09, 2023
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"Dual use" discipline consolidated into a new EC Regulation

The Council Regulation (EC) n. 1334/2000 of 22 June 2000, establishing a Community regime for the control of exports of dual-use items and technology, since its adoption,.has been significantly amended on several occasions. For reasons of clarity, the Community institutions have now deemed opportune to recast it into a new text: the Council Regulation (EC) N. 428/2009 of 5 may 2009, setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items. EC Regulation n. 1334/2000 is therefore repealed with effect 27 August 2009.

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SAD, EAD and TAD: new forms complemented with the "security" data now available

The Commission Regulation (EC) N. 414/2009 of 30 April 2009 introduces new amendments to the Commission Regulation (EEC) n. 2454/93 (implementing provisions to the community customs code, hereinafter “IP-CCC”). According to the new Regulation, starting from July 1th, 2009, the Export Administrative Document (EAD) and the Transit Administrative Document (TAD) shall be lodged to customs on a new form incorporating the “security data” listed in the Annex 30A IP-CCC. The same obligation is foreseen with regards to the SAD, in particular for the presentation of the "paper-based" export declarations.

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USA: prior notice mandatory for food imports

As of December 12, 2003, the U.S. Food and Drug Administration (FDA) has introduced, through an interim rule, a “Prior Notice” obligation for each shipment of food for humans and other animals use, imported into the U.S. (except in some limited cases). This document consist of a form to be filed electronically to the FDA, that contanins data concerning, among the other things, the name and the address of the shipper, the manufacturer, the importer, the carrier and the person submitting the prior notice, with the identification of each item of which the shipment is made (FDA product code), the quantity, the manufacturing Country, etc.

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CITES Regulation: amendments to the Regulation (EC) n. 338/97

The Council Regulation (EC) N. 338/97 of 9 December 1996 is the numerously amended Community law through which the rules of the Washington Convention of 1975 on the International Trade in endangered Species of wild fauna and flora, better known as "CITES" , have been transposed - starting from 1th January 1984 - within the Community legal system (see our article). It lists the animal and vegetable species whose commerce is subject in the EU to particular restrictions or controls. Such specimen are indicated in a special Annex to the aforementioned Regulation. Starting from 22 May 2009, said Annex is replaced by the relevant Annex to the Commission Regulation (EC) N. 407/2009 of 14 May 2009.


AEO: the Italian customs administration clarifies what codes must be specified in the demand for the access to the status

With Notice Prot. 66938 of 12 May 2009, the Italian Customs Agency specifies that due to the modifications applied by the European Commission to the AEO Community System, the economic operators presenting a demand for the granting of an AEO Certificate (see the Annex 1 to Reg. 1875/2006), must indicate in the box n. 12 ("Economic sector of Activity") the code of the activity corresponding to the economic activity carried out by them. Such codes are listed in an Annex to the Notice.

Where the applicant carries out more than an activity falling within the above codes, he can indicate in the demand more codes.

Starting from 12 May 2009, therefore, the customs Agency will reject demands of request of the AEO certificate without the indication of the above codes.

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