The Council of the European Union adopted on June 24th, a 14th package of sanctions against Russia, intensifying restrictive measures in response to the ongoing aggression against Ukraine and including the following restrictions:   Export/Import of Goods Extension of export restrictions on dual-use/advanced technology goods (such as “quadbikes,” microwave and aerial amplifiers, and digital flight data recorders). Extension of current export bans on industrial products in four key sectors of the Russian war economy: Chemicals: manganese ores, silicon dioxide, chlorides, carbonates, rare e ..read more

On 12th April 2024, the Council of the European Union adopted the Directive providing for EU-wide minimum rules for the prosecution of breaches or circumvention of EU sanctions in the Member States, which had already been adopted at first reading by the European Parliament on 12th March. It was published in the OJEU on 29 April and came into force on 19 May. Its provisions still need to be transposed by the Member States by 20 May 2025 at the latest. The following intentional breaches of a restrictive measure of the Union or of a national provision will constitute a criminal offence: the ..read more

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