Regulatory Compliance updates October 2024

October 22, 2024

Adjustments in the implementation of Passar

The Federal Office for Customs and Border Security (FOCBS) has taken stock of the first stages of implementation of its new Passar goods movement system. The overall conclusion is positive: the system is stable, targeted technical measures have already been implemented or are being implemented. At the same time, it became apparent that the warm-up in practice requires more time and support. In order to take even better account of these needs of internal and external users, the FOCBS is adapting the procedure for implementing the other functional blocks of Passar in consultation with industry.

European Commission published the proposal for the EU Combined Nomenclature (“CN”) 2025

On 23 September 2024, the European Commission published the proposal to amend the EU Combined Nomenclature (“CN”) and key changes as follows:

  • New subheading for ‘sharks and shark fins’ in Chapter 3;
  • New subheading for ‘tomatoes’ in Chapter 7;
  • New subheading for ‘biofuels’ in Chapter 27;
  • New subheading for ‘liquid urea’ in Chapter 31;
  • New subheadings for ‘wood waste’ and ‘laminate floor covering’ in Chapter 44;
  • New subheading for ‘steel laminations and stator and rotor cores’ in Chapter 85.
  • new subheadings in Chapter 27 and 29 will be introduced.
  • Chapter 85 will be simplified (i.e., by removing additional note 2 on the definition of ‘modem’ for the purposes of subheadings 8528 71 15 and 8528 71 91 as part of the implementation of the Information Technology Agreement.
  • Additional notes 1, 2 and 5 to Chapter 23 to will be amended to facilitate the sampling and analysis for the official control of feed.
  • A supplementary unit will be introduced for mammals classified under CN 0106 19 00.

European Union: publishes amendment to dual-use items subject to export controls

The European Commission has published its latest amendment to Regulation (EU) 2021/821 which governs export controls on dual-use items. The amendment replaces the Annex I to the Regulation with an up-to-date list of dual-use items subject to the controls, amending multiple control parameters, technical definitions/descriptions, and adding and removing various dual use items. To take effect, the list now needs to be published in the Official Journal of the European Union. It will come into force the day after publication. Link

European Union: Notice to exporters 2024/26 UK: update on Russia sanctions licensing for intra-corporate services

The government his removing the licensing consideration from 31 October 2024. The Secretary of State maintains the discretion to grant licences even where no licensing consideration exists, as per Regulation 65 of the Russia Sanctions Regulations 2019. This means that any company that wishes to provide intra-corporate services to their Russian subsidiary must explicitly demonstrate how the provision of any ongoing services aligns with the overarching purposes of the sanctions, as set out in Regulation 4 of the Russia sanctions Regulations. Businesses will be able to apply for a licence using the licensing considerations for activities listed in the guidance. Licensing applications submitted before 31 October 2024 will not be affected by this Notice.

European Union: Information note of Regulation 2021/821

Articles 4, 5, 6, 7, 8, 9, 11, 12, 22 and 23 of Regulation (EU) 2021/821 of the European Parliament and of the Council set out that measures taken by Member States in implementation of the Regulation should be published in the Official Journal of the European Union. Commission and the Member States have decided to also publish additional information on measures imposed by Member States under Article 4 in order to ensure that exporters have access to comprehensive information on the controls applicable throughout the EU.                                

The Federal Council approves the signing of the border adjustment agreement with Italy

At its meeting on 27 September 2024, the Federal Council approved the signing of the border adjustment agreement between Switzerland and Italy. In the high mountain regions, significant sections of the Italian-Swiss border are determined by the watershed or the ridge lines of glaciers, firns or eternal snow. However, due to the melting of glaciers, these formations change, which leads to a change in the dynamically defined national boundary.

The Federal Council approves the signing of three border adjustment agreements with France

At its meeting on 27 September 2024, the Federal Council approved the signing of three border adjustment agreements between France and Switzerland. The canton of Geneva borders France over a length of 103 kilometers. Over a length of 50 kilometres, this border runs through bodies of water. Planned work on the renaturation of the Hermance River and the restoration and containment of the Foron River will require certain adjustments to the border. In addition, certain structural measures, such as the laying of tracks for a new cross-border tram line between the Swiss municipality of Perly-Certoux and the French municipality of Saint-Julien-en-Genevois, require a border adjustment between the municipalities of Perly-Certoux and Bardonnex.

UK launches new online system for applying for export licences

The Export Control Joint Unit (ECJU) of the Department for Business and Trade (DBT) is launching the first service on a new online system, LITE. The first service to be launched is ‘Apply for a SIEL’, moving applications for a standard individual export licence (SIEL) away from the current system, SPIRE.
Any exporter, minus some exceptions, can now register on LITE using the SIEL registration link. If you are already using LITE as a member of the private beta you can access LITE through this new link or any saved links you may have to continue using your account.

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