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Tax alert no. 25 - European Union extends trade defence rules to continental shelf and exclusive economic zones of Member States

In this issue:

European Union extends trade defence rules to continental shelf and exclusive economic zones of Member States

The European Commission has recently published Regulation no. 2019/1131 establishing a customs instrument for the implementation of Article 14a of Regulation (EU) 2016/1036 of the European Parliament and of the Council and Article 24a of Regulation (EU) 2016/1037 of the European Parliament and of the Council.

The new legislation sets out the conditions for levying the anti-dumping and/or countervailing duty on goods brought to an artificial island, on a fixed or floating installation or on any other structure on the continental shelf or in the exclusive economic zone of a Member State. The Regulation also provides for the procedures for the notification and declaration of the products concerned and the payment of the tax in question, if the products concerned are subject to:

·     a notice of initiation of an anti-dumping or anti-subsidy investigation;

·     a Commission Implementing Regulation whereby imports are subject to registration;

·     a Commission Implementing Regulation imposing a provisional or definitive anti-dumping or countervailing duty

Thus, the receipt of goods on an artificial island, on a fixed or floating installation or on any other structure on the continental shelf or in the exclusive economic zone of a Member State must be declared by the consignee by means of a declaration of receipt.

Both goods brought into these areas from the European Union and those introduced directly from outside that territory are subject to the new provisions.

If you bring goods to the continental shelf or exclusive economic zone of a Member State (e.g. Romania or Bulgaria) and they are subject to anti-dumping duties, we recommend that you timely analyse the procedure and implications of the new customs rules mentioned above.

Prepared by:
Mihai Petre, Director -  Indirect Tax
Jean-Marc Cambien, Partner - Indirect Tax
 

For additional information, please contact:

Alex Milcev, Partner – Head of Tax&Legal

 

Ernst & Young SRL

Bucharest Tower Center Building,

22nd Floor, 15-17 Ion Mihalache Blvd.,

Sector 1, 011171, Bucharest, Romania

Tel: (40-21) 402 4000, Fax: (40-21) 310 7124

Email: office@ro.ey.com

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