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Operators may request a binding information decision from the relevant customs authorities in the EU, in order to obtain certainty about the application of customs legislation in respect of the tariff classification or the origin of imported goods across the EU. Currently, EU customs legislation does not facilitate the issuing of a binding information decision in respect the value of imported goods. This can present real challenges for importers where customs authorities across the EU adopt differing approaches on customs valuation matters, which is not uncommon, particularly for the most complex valuation matters (e.g. treatment of royalties/licence fees, assists, transfer pricing adjustments, etc.).

The EU now has announced plans to include binding valuation information (“BVI“) decisions in its customs legislation. The aim is that this will increase transparency and legal certainty, and to support compliance and consistency in the treatment of EU customs valuation matters across the EU. This should also bring the EU in line with international standards for advanced customs rulings.

The move follows the conclusion of the public consultation in 2018 which assessed interest in creating a legal basis for BVI decisions and the potential scope for BVI decisions. The EU is currently drafting the implementing regulation and it is anticipated that the European Commission will adopt the implementing regulation in the second quarter of 2022.

Author

Yassine El Bojaddaini is an associate within the EMEA Customs Practice. He has ample experience on advising and representing multinationals in customs and tax related matters including restructurings, litigation and supply chain optimization.

Author

Johanna Asplund is an associate at the Firm’s London office in the Competition, Trade and Foreign Investment Practice Group. She completed her degree in International Relations from London School of Economics then a Graduate Diploma in Law and Legal Practice Course (LLM) from BPP University in 2019.

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