Introduction of binding information on customs valuation?

09/02/23

The EU Commission published draft amendments for the introduction of a binding customs valuation information (BVI) and the implementation of an online database for all binding customs information. This could help you as an importer to gain certainty on the value of imported goods.

The amendments are expected to enter into force on 1 December 2025.

The draft amendments (Ares (2022)8903368 and Ares (2022)8903397) were published on 21 December 2022 and would amend Regulation (EU) 2015/2446 (UCC-DA) and Regulation (EU) 2015/2447 (UCC-IA).

What can this possibly mean for your company?

The introduction of the BVI enables entrepreneurs to request an EU wide binding ruling from the customs administrations. The BVI aims to provide certainty to importers regarding the method for determining the customs value of their import flows and an equal application/interpretation of the relevant customs legislation throughout the EU.

A BVI may particularly be advantageous in the case of recurring imports where valuation is not straight forward. Furthermore, a BVI that will be valid throughout the EU, may result in faster customs clearance, since customs authorities may be inclined to more easily accept a customs value that is based upon a BVI.

If the BVI is not as desired or when it is revoked, there will be the possibility of an appeal in order to obtain legal clarification.

Main facts

Currently the EU customs law provides for the possibility of obtaining binding tariff information (BTI) and binding origin information (BOI). This binding information can be requested by economic operators and is binding throughout the EU for both the economic operator and the customs administration for three years.

The UCC furthermore provides the possibility that the customs authorities may, upon request, also take decisions on binding information relating to factors other than the origin and the customs tariff, e.g. on customs valuation. However, this is rarely applied or typically only applicable in one country.

With the envisaged introduction of BVI per 1 December 2025, the European Commission opens the way for the regular application of such a BVI.

The Commission's draft provides for the implementation of a new Article 18a CC-IA, which will refer to Article 35 UCC. According to this, the customs authorities shall, upon request, take a decision on binding customs valuation information in which the appropriate methods of customs valuation or corresponding criteria are set in order to determine the customs value of the relevant goods flow.

The framework conditions are based on the current regulations on BTIs and BOIs, thus the BVIs will also be valid for three years and obligatory for both the holder and the customs authorities.

Furthermore, the new regulations are introducing the adjustment of the BTI registration (BTI database) to also include BOI and BVI.

How can we help?

The topic of ’customs value’ is a contentious issue in case law and contacts with the customs authorities. The application for a BVI may provide clarity, transparency and certainty regarding the customs value for importers' individual cases.

Requesting binding information can be time-consuming and difficult. We are happy to support you in making your internal customs documentation more legally secure.