On 16th March 2021, the Ministry of Interior issued the Circular no. 300/A/2356/21/111/2/2, illustrating the main innovations introduced by the so-called Mobility Package (Reg. 2020/1054, Reg. 2020/1055, Reg. 2020/1056 and Directive 2020/1057). The main changes concern the access to the profession of hauler, cabotage and driving times.
On next 19 March 2021 the Logistics, Shipping and Transport Section of ANIPM (Industrial Engineering Association) organises a webinar on the anomalous trend of maritime freight and the consequent impact on the supply chain. Enrico Salvatico, partner of our Firm and president of LTS section, moderates the speech. EPC Contractors, shipowners and shippers will discuss these dynamics in the light of the apparently unstoppable growth of maritime freight in today’s global context. You can find the details of the event and the guide for the free registration to the event to the link https://animp-lts-noli-marittimi.eventbrite.it ).
In a recent case, our firm has dealt with the problem of stowaways on board vessels and the consequent possibility of disembarkation and repatriation to their country of origin. This issue has been resolved in the light of that set of fundamental rights recognized in Italy under the name of “international protection” to guarantee all foreigners or stateless persons, in accordance with the provisions of the Geneva Convention of 1951.
A law that reserves the dock work to “recognized workers” may be in accordance to the EU law if it aims to ensure safety in port areas and the prevention of accidents at work. The intervention of a joint administrative commission in the recognition of port workers is neither necessary nor appropriate to achieve the objective pursued. This is what the EU Court of Justice declares in the judgment of 11 February 2021 in joined cases no. C-407/19 and C-471/19.
Legislative Decree No. 116/2020, in force since 26 September 2020, makes changes to paragraph 5 of Article 129 of Legislative Decree No. 152/2006 (“Environmental Code”), concerning the labelling of packaging. In particular, specific information obligations are introduced for producers who must label all packaging in accordance with the methods established by UNI technical standards.
The Operators who act as traders of goods purchased from non-EU Countries and re-sold to UK customers, should pay attention not only to the classification of the goods entering in the EU, but to the customs regimes that they can apply
The “UK Global Tariff” plan will be approved by the end of the year, to take effect from January 2021, will be set in sterling pounds and provides for the removal of all duties below 2%.
As of 1 January 2021, the United Kingdom will no longer be part of the Customs Union. The end of the transitional period will involve the introduction of checks on goods at borders in stages, the imposition of special customs obligations on traders importing controlled goods and finally the accession of the United Kingdom to the Common Transit Convention (CTC) no longer as an EU Member State, but as a separate contracting party.
On September 21, 2020 BIMCO has adopted a new arbitration clause. Several aspects are harmonized by the new clause, such as the choice of forum, the governing law and all the applicable terms in accordance with the chosen arbitration association. One of the most important key change concerns the notices of commencement of proceedings and the appointment of arbitrators. The new Law & Arbitration Clause address these issues with a provision requiring parties to a contract to clearly identify who are authorised to receive arbitration notices and communication.
Starting form 1st November 2020, the place of taxation of the leasing or chartering services for pleasure yachts is considered outside the European Union, only if it can be proved – with sufficient evidences – that the effective use and utilization of the service takes place outside the European Union.