On 5 March 2024, the Council and the European Parliament reached a provisional agreement on the prohibition of products derived from forced labour, as defined by the International Labour Organisation, and their export to third countries. The agreement introduces a series of changes specifying the responsibilities of the Commission and the competent national authorities in the investigation and decision-making process. Inspired by Section 307 of the US Tariff Act, which gives US Customs and Border Protection the power to refuse entry into the United States of goods whose manufacture has involve ..read more

On December, 18 2023 the Council of the European Union adopted the 12th package of sanctions against Russia.   I. New registrations on the list of persons and entities subject to sanctions: 140 new persons and entities Persons and entities targeted belong, in particular, to the following sectors: The Russian army and defense including private military companies; Information technology sector. Also is covering: The people who orchestrated the recent illegal “elections” in the Ukrainian territories; Those responsible for the forced “re-education” of Ukrainian children; People spreading d ..read more

Since Russia’s invasion of Ukraine in February 2022, the European Union (hereinafter the “EU”) continues to put in place restrictive measures to sanction Russian’s actions. The main objective of the EU, is to limit Russia’s abilities to finance the war against Ukraine. On the 9th October 2023, the EU Parliament took a resolution regarding the effectiveness of EU sanctions against Russia. This resolution does an overview of EU sanctions against Russia.  For example, despite EU sanctions against Russian on coal, Russia’s production increased by 0.3% compared to 2021. Since the start of the ..read more

Since Russia’s invasion of Ukraine in February 2022, the European Union (hereinafter the “EU”) continues to put in place restrictive measures to sanction Russian’s actions. The main objective of the EU, is to limit Russia’s abilities to finance the war against Ukraine. Regulation No. 833/2014 is a perfect example. This Regulation establishes sanctions aiming to limit or prohibit the import or export of some products originating in Russia. This consolidated Regulation was amended by Council Regulation 2023/1214 of 23rd of June 2023. This amendment added a subparagraph d) to Article 3g of the Re ..read more

Article 60 of the National Customs Code governs the searches of vehicles and individuals. More broadly, it enables customs officers to combat trafficking of all kinds, from small-scale trafficking to organized crime involving narcotics or tobacco.   This article, stemming from a decree dated December 8, 1948, was declared unconstitutional on September 22, 2022. The main consequence did not take long to appear and resulted in legal uncertainty surrounding the framework for searches.   The central role of customs in the fight against various forms of trafficking is beyond doubt, as evi ..read more

On May 17, the European Commission presented a comprehensive overhaul of the Customs Union. The exponential growth in trade volumes, particularly in e-commerce, makes such a reform imperative. The Commission’s proposal features innovative use of databases and adaptation of customs procedures to digital format. This reform is based on  three fundamental pillars i) partnership with business and the data platform, ii) the new approach to customs controls with a new EU customs authority, and iii) a framework better adapted to e-commerce. In terms of partnership with business, the reform aims ..read more

After a long trialogue with the Commission and Council, the European Parliament has just adopted the new border carbon adjustment mechanism (CBAM). As part of the “Green Deal” or “Fit for 55”, the EU has set itself the target of reducing its CO2 emissions by 55% by 2030. Today, European companies subject to EU environmental standards are competing with companies established in non-EU countries whose environmental legislation is less ambitious in terms of CO2 emissions. The new mechanism will apply a “carbon offset” to certain goods imported into the EU, if they have been produced in a carbon-i ..read more

On March 28, 2023, the Council and the European Parliament agreed on the establishment of a tool to fight economic coercion from third countries. In doing so, they seek to protect the interests of the European Union (EU) and to retaliate against countries whose trade policies compel Member States. Originally intended as a response to the U.S. steel tariffs against the EU, the law comes at a time of heightened geopolitical tension. Indeed, more and more third countries are resorting to restrictions on trade and investment. The new text is therefore primarily a retaliatory measure or “mirror” de ..read more

On April 19th, 2023, the European Parliament adopted a new regulation designed to fight  deforestation, on the basis of a proposal issued by the Commission in November 2021. The regulation aims to ban, from the end of 2024, the placing on the European market and export from it of products that have contributed to deforestation and forest degradation.   The Parliament has broadened the scope of the initial proposal to include livestock, cocoa, coffee, palm oil and certain derivatives, soy, wood, rubber, coal, printed paper products as well as products derived or processed from these c ..read more

The EU Dual Use Regulation (EU) 2021/821 aims to strengthen export control on cyber-surveillance items that may be intended for use in connection with internal repression and/or the commission of serious violations of human rights and international humanitarian law. To clarify the interpretation of the Regulation, the Commission is mandated to make available guidelines for exporters in relation to Article 5, as referred in Article 26. Article 5 Regulation EU 2021/821 1 […] Where an exporter is aware, according to its due diligence findings, that cyber-surveillance items which the exporter pro ..read more