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Drug precursors: new amendment to the Annex IV of the EC Reg. No 1277/2005

The Italian Customs Agency communicates with the circular No 13/D of 11 April 2011, that the EC Regulation No 225/2011 of the Commission of 7 March 2011 has updated the Annex IV of the EC Regulation No 1277/2005 (concerning the previous amendment, occurred on 2009, see our article). The Annex IV of the above Regulation lists, with regard to each substance defined as “drug precursor”, and classiified in particular in the categories n. 2 and 3 laid down in the Annex of the EC Regulation n. 111/2005, the Countries for which a preliminary notification for export is needed, containing certain information on the substance, the point of entry and the persons involved in the relevant export and import operations (to be transmitted to the competent authorities of the destination Country).

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Biological logo only for operators subject to the organic farming control system

The EC Regulation No 834/2007 of the Council of 28 June 2007, applicable from 1° January 2009, has established an harmonized framework in the EU for biological products, indicating objectives and principles applicable to this kind of production and defining the rules governing their production, labeling, the controls and exchanges with third Countries. The implementing provisions of this Regulation have now been amended by the Commission implementing Regulation (EU) No 344/2011 of 8 April 2011:

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Additional customs duties on imports of certain products originating in the USA

On 16 January 2003, the Appellate Body of the World Trade Organization (WTO) ruled that the the american law known as "Byrd amendment" (Continued Dumping and Subsidy Offset Act or “CDSOA”), approved on 2000, is inconsistent with the rules of the Organization. This law established the possibility for the US government to redistribute collected antidumping and countervailing duties to those US companies that were damaged by these practices. After the refusal, for a long time (the law has now been repealed, with effect from october 2007) of the US to repeal or amend this law, The European Union was authorized by the WTO to apply retaliatory measures against the USA on certain products of American origin. Accordingly, the EU has adopted the EC Regulation No 673/2005 of the Council of 25 April 2005, that introduces an additional ad valorem customs duty of 15% on imports of certain products priginating in the US, starting from the 1° May 2005 and listed in the Annex I of the Regulation. This list is yearly updated by the EU Commission. The new list is annexed to the Commission implementing Regulation (EU) No 311/2011 of 31 March 2011, that now reduces this goods to only 3 products.

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Special conditions governing the import of food from Japan - update

After the first measures adopted by the Member States (see our article), in the Official Journal of the European Union n. 80 of 26 March 2011 the Implementing Regulation N. 297/2011 of the European Commission of 25 March 2011, establishes harmonized conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear in Japan. The new Regulation applies to the food products referred to in art. 1, par. 2, of Regulation No 3954/87 (products which are intended for human consumption either immediately or after processing and products which are intended only for animal nutrition), originating in or consigned from Japan, with the exclusion of those products which left Japan before 28 March 2011 and of the ones which have been harvested and/or processed before 11 March 2011.

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AEO: guidelines for multimationals and large companies

The General Directorate TAXUD of the European Commission has recently published new Guidelines on eligibility conditions for an AEO and the procedure to be followed in case of multinational companies and large businesses. The guidelines remind to the operators that in order to obtain the AEO status the establishment within the customs territory of the EU is needed, except in the cases referred to in article 14g of the Implementing provisions to the Community Customs Code. A parent company established in a third Country, will be therefore admitted to submit a demand in the name of its branches if it is established within the UE by virtue of the presence of a stable organisation here.

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