Regulatory Compliance updates December 2024

December 17, 2024

EU: New cyber security requirements for products with digital elements

Regulation (EU) 2024/2847 of the European Parliament and the Council on horizontal cybersecurity requirements for products with digital elements. The regulation aims to create boundary conditions for the development of secure products with digital elements by ensuring that hardware and software are marketed with fewer vulnerabilities, and that manufacturers take security seriously throughout the product lifecycle. It also aims to create conditions that enable users to take cybersecurity into account when choosing and using products with digital elements, for example by increasing transparency regarding the support period for products with digital elements made available on the market. This Regulation shall apply from December 11, 2027. However, Article 14 shall apply from September 11, 2026, and Chapter IV (Articles 35-51) shall apply from June 11, 2026. Link

EU: Centralized Clearance for Import (CCI) system is expanding across EU over time

This new trans-European system ensures the digitalisation of the centralised clearance process at European level as defined in the Union Customs Code (UCC). It is available for use by European businesses in Bulgaria, Estonia, Spain, Luxembourg, Latvia, Lithuania, Poland, Romania, Croatia and Italy. Other Member States are planning to join gradually in the coming year. The new trans-European CCI system allows trusted traders to submit a customs declaration at the supervising customs office in the Member State of their establishment, for goods physically presented to a customs office in any other Member State, enabling customs declaration processing and physical release of goods in a digital, efficient, predictable, and coordinated way among the customs offices located in different Member States. All contacts take place with the supervising customs office, acting as a one-stop shop. The new system enables the customs authorities of different Member States acting as one customs authority for the clearance of goods under CCI. It ensures seamless electronic exchange of information between customs offices involved, reducing administrative burden for the Member States’ customs administrations when processing the customs declaration for imports. For example, it reduces the number of actors involved, simplifies the process for bringing goods into the EU, and assures that the EU businesses can use CCI simplification in a digital environment. The CCI system is a powerful new tool to reduce administrative burden for administrations, while supporting EU businesses and the legitimate trade facilitation across borders through simplified procedures.

  • How does the CCI Phase 1 system work?

The first phase of the CCI system enables an automated processing of standard customs declarations for placing goods that are physically presented to customs at a customs office/s in another Member State/s under release for free circulation, customs warehousing, inward processing and end-use.

  • How will EU companies benefit? 
  • Faster customs clearance of the imported goods 
  • Reduction of the number of customs procedures, i.e., no transit procedure
  • Reduction of administrative workload through a single contact 
  • Saving costs with centralised processes, providing transparency and compliance
  • Participating in a globalised market, being more competitive, boosting business with customers and partners regardless of their location
  • How can my company use the CCI system? 

The economic operators interested in using CCI simplification and the CCI system shall be a holder of a CCI authorisation, therefore, they shall first apply for such authorisation. The applicant for a CCI authorisation shall apply to the competent customs authorities in the EU Member State where the applicant is established, which may grant an authorisation in accordance with Article 179 of the UCC

EU-Singapore AI security cooperation

The Commission Services (EU) and Singapore's Ministry of Digital Development and Information signed an administrative agreement to mark the beginning of cooperation between the EU's Artificial Intelligence (AI) Office and Singapore's AI Security Institute. This Memorandum of Understanding is an important step toward enhancing their cooperation in promoting the innovation, development and responsible use of secure, trustworthy and human-centered artificial intelligence. Link

EU updates list of items subject to Dual-Use Export Controls

The European Commission adopted a Delegated Regulation updating the EU dual-use export control list in Annex I of Regulation (EU) 2021/821. In November Regulation has been officially published, shall enter into force on the day following that of its publication, meaning November 8th. The changes affect a number of product categories, including the following:

  • Category 0 (Nuclear Materials) including for changes to specifications for heavy water production plants and related equipment;
  • Category 1 (Special Materials) including updates to composite structures specifications and platinized catalysts.
  • Category 2 (Materials Processing) including clarifications on vibration test systems and toxic gas monitors.
  • Category 3 (Electronics) including modifications to frequency thresholds for various electronic components.
  • Category 5 (Telecommunications and Information Security) including certain updates to cryptography-related definitions and specifications.
  • Category 6 (Sensors and Lasers) including numerous technical specification updates, particularly in acoustic systems and optical equipment.
  • Category 7 (Navigation and Avionics) including certain minor updates and clarifications.
  • Category 8 (Marine): including certain changes to specifications for underwater/submersible vehicles and propulsion systems. 
  • Category 9 (Aerospace and Propulsion) including updates to specifications for rocket propulsion systems and related components.

Link – eur-lex Regulation
Link – summary of amendments to Regulation

EU : DUAL USE Items - new TARIC footnote

The amending Regulation (EU) 2021/821 of the European Parliament and of the Council as regards the list of dual-use items has been published in the OJ L of 07/11/2024. Accordingly, all the concerning control measures “Export authorization (Dual use)” have been updated in the TARIC database and aligned with the new Annex I. Further, the following new TARIC footnote has been created:

  • DU049 “Goods 1C350 90 from the dual use list”

DU049 has been linked to the CN code 2921 19 99. The entry into force of this update is 08.11.2024.

EU: TARIC measures for Regulation (EU) 2024/1267 and Regulation (EU) 2024/1268

Both regulations require to record transactions that have been granted the exemption from the anti-dumping and anti-circumvention duties. 
By virtue of Article 1.5 of both Regulations importers are requested to declare in the documents mentioned in Article 1(4) of the above-mentioned regulations, whether Indonesia is the country where the stainless-steel inputs are used for the processing of the product in Taiwan, Türkiye or Vietnam was originally melted and poured. Following these provisions TARIC measures have been introduced in TARIC database with the start date 25/11/2024. The approach used in this case is the creation of TARIC measures with associated TARIC additional codes. In other words, it means, in case of:

  • Imports under TARIC codes “Consigned from Taiwan or Vietnam” for origins TW (Taiwan) and VT (Vietnam) for anti- dumping and countervailing duties, and 
  • Imports under TARIC codes “Consigned from Türkiye” for countervailing duties with origin TR (Türkiye), one of the following TARIC additional codes will be requested to be declared in the customs import declaration:
  • 3132: Originally melted and poured in Indonesia - Articles 1.4 and 1.5 of Regulation (EU) 2024/1267 or Regulation (EU) 2024/1268
  • 3133: Not originally melted and poured in Indonesia - Articles 1.4 and 1.5 of Regulation (EU) 2024/1267 or Regulation (EU) 2024/1268
  • 3134: Articles 1.4 and 1.5 of Regulation (EU) 2024/1267 or Regulation (EU) 2024/1268 not applied. 

TARIC document codes used in the above-mentioned measures linked to these additional codes, are already existing (D023 or D024).

EU updates list of non-cooperative tax jurisdictions

The EU has updated its list of non-cooperative tax jurisdictions, removing Antigua and Barbuda from Annex I after a supplementary review by the Global Forum on Tax Transparency. While the country has made progress, it remains on Annex II until the review is complete. The update now includes 11 jurisdictions in Annex I and 9 in Annex II, reflecting the EU's ongoing efforts to promote global tax transparency and fair taxation worldwide. Link

EU: International cooperation: New agreement strengthens EU-Norway VAT Cooperation

The EU and Norway signed an agreement to enhance their cooperation on VAT administration, fraud prevention, and claim recovery. This updated agreement introduces new tools, building on the original 2018 pact that was the first of its kind in VAT cooperation. With these improvements, the partnership aligns with the latest EU regulations, boosting efficiency in the fight against VAT fraud and supporting better recovery of tax claims. Link

EU Deforestation law: agreement with Council gives companies extra year to comply

Companies will have one more year to adapt to new EU rules to prevent deforestation, which will ban the sale of products sourced from deforested land in the EU. Negotiators from the Parliament and Council reached a provisional political agreement to postpone the application of the new rules. Large operators and traders will now have to respect the obligations of this regulation as of 30 December 2025, and micro- and small enterprises from 30 June 2026. This additional time is intended to help companies around the world implement the rules more smoothly from the beginning, without undermining the objectives of the law.

  • Next steps

The vote on the informal agreement between the co-legislators will be added to the agenda of Parliament’s next plenary session (16-19 December). In order for the postponement to enter into force, the agreed text has to be endorsed by both Parliament and Council and published in the EU Official Journal before the end of the year.

EU: New VAT exemption rules for small businesses from 1 January 2025

Starting 1 January 2025, small businesses in the EU can take advantage of a new VAT exemption in Member States where they are not established. To qualify, businesses must have an annual turnover of EUR 100 000 or less across the EU and stay under the national threshold in the country where they seek the exemption. The new rules are designed to simplify compliance, reduce red tape, and help small businesses thrive in the EU's internal market. Link

EU: New cyber security requirements for products with digital elements

Regulation (EU) 2024/2847 of the European Parliament and the Council on horizontal cybersecurity requirements for products with digital elements. The regulation aims to create boundary conditions for the development of secure products with digital elements by ensuring that hardware and software are marketed with fewer vulnerabilities, and that manufacturers take security seriously throughout the product lifecycle. It also aims to create conditions that enable users to take cybersecurity into account when choosing and using products with digital elements, for example by increasing transparency regarding the support period for products with digital elements made available on the market. This Regulation shall apply from December 11, 2027. However, Article 14 shall apply from September 11, 2026, and Chapter IV (Articles 35-51) shall apply from June 11, 2026. Link

EU: TARIC and Quota data and information Dual use correlation table

Following the implementation in TARIC of the  “Commission Delegated Regulation (EU) 2024/2547 of 5 September 2024 amending Regulation (EU) 2021/821 of the European Parliament and of the Council as regards the list of dual-use items”, the new "dual use correlation table" has been published on CIRCABC, valid from 08/11/2024 Link

Four countries sign environmental trade agreement ACCTS

Costa Rica, Iceland, New Zealand and Switzerland concluded an agreement on Climate Change, Trade and Sustainability that breaks new ground in the area of services and which bans fossil fuel subsidies. This is a first-in-kind legally binding international trade agreement with a primary focus on pursuing environmental policy objectives. The deal was concluded in Bern on 15 November 2024.

United States: Protecting American Industry from International Trade Crimes Act Passes House

The House of Representatives overwhelmingly passed the Protecting American Industry from International Trade Crimes Act, a bill introduced by Select Committee member Rep. Ashley Hinson (R-IA) alongside Chairman John Moolenaar (R-MI) and Ranking Member Raja Krishnamoorthi (D-IL). Companies based in the People’s Republic of China (PRC) frequently commit crimes violating U.S. trade laws including fraud, duty evasion, and transshipment which benefit the PRC’s non-market economy and undermine U.S. companies and workers. Countless Americans have lost their jobs due to this criminal activity. Despite the large volume of trade crime-related cases, the U.S. Department of Justice (DOJ) has under-resourced its prosecution of these crimes.  This legislation aims to combat these crimes by directing the DOJ to establish a new structure dedicated to prosecuting international trade crimes. This will enhance U.S. capabilities for detecting, investigating, and prosecuting trade fraud, duty evasion, transshipment, and other trade-related crimes.

United States: Commerce Strengthens Export Controls to Restrict China’s Capability to Produce Advanced Semiconductors for Military Applications

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced a package of rules designed to further impair the People’s Republic of China’s (PRC) capability to produce advanced-node semiconductors that can be used in the next generation of advanced weapon systems and in artificial intelligence (AI) and advanced computing, which have significant military applications. This action is a proactive measure enhancing the Department of Commerce’s work to impede the PRC’s ability to procure and produce the technologies necessary for its military modernization.

The rules include new controls on 24 types of semiconductor manufacturing equipment and 3 types of software tools for developing or producing semiconductors; new controls on high-bandwidth memory (HBM); new red flag guidance to address compliance and diversion concerns; 140 Entity List additions and 14 modifications spanning PRC tool manufacturers, semiconductor fabs, and investment companies involved in advancing the PRC government’s military modernization; and several critical regulatory changes to enhance the effectiveness of our previous controls.

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