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On 21 September 2021, the European Commission published its proposal for a new EU scheme of generalised preferences, also called GSP. The GSP provides preferential access for products to the EU market originating in developing countries without the need for these countries to open their markets to EU exports in exchange. This preference shall be granted in accordance with the “Enabling Clause” set in Article 2a of the General Agreement on Tariff and Trade, which provides a permanent exemption from the Most Favoured Nation (non-discrimination) for developed countries to unilaterally grant elimination or reductions of the tariff paid on imports from developing countries which share the same trade, financing and development needs.

On 7 April 2022, the ECJ issued its decision in the case C‑489/20 (UB vs Kauno teritorinė muitinė). UB arranged the unlawful introduction of cigarettes from Belarus to Lithuania. In September 2016, 6000 packages of cigarettes were thrown across the State border to be picked by vehicle on the other side. Lithuanian border officials managed to detain the vehicle carrying the cigarettes that same day.

On 31st of March 2022, the Wise Persons on Challenges Facing the Customs Union (WPG) released its report on the future of the EU customs union. The WPG has been appointed by the Commissioner Gentiloni to reflect on the development of innovative ideas and concepts. This report aims to contribute to a general inter-institutional debate on the future of the customs union.

Interested parties could, until 6 April 2022, provide their views to the EU Commission regarding the so-called Unshell proposal or ATAD 3. Many will have flagged the uncertainties about certain concepts and the need for more clarifications while others will also have indicated more substantial issues such as possible non-compatibility with EU Law. It remains to be seen whether the EU Commission will take (some of) these comments on board. Meanwhile, international groups should not rest on their laurels because it is likely that the Proposal will be adopted (as is or in an amended form) but rather start screening the European affiliates in their corporate structure, to identify possible issues under ATAD 3 and look for possible remedies.

An influx of high-profile whistleblowing cases have made headlines in recent years, and claims (and awards) are on the rise. At the same time, more defined and greater protections for whistleblowers are coming into play in the US, UK and European Union. It’s essential that multinational employers be aware of the whistleblower regulations proliferating across the globe and the notable differences between regimes.

Baker McKenzie’s Sanctions Blog published the alert titled European Union: Temporary State Aid Crisis Framework (Ukraine): Member States can support businesses — up to EUR 50 million for energy-intensive businesses on 30 March 2022. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.