European Commission issues binding valuation information rules and conditions for decisions on binding tariff and binding origin information

On 15 April 2024, the European Commission published new conditions for how the European Union (EU) Member States' customs authorities must make decisions relating to binding tariff information (BTI) and binding origin information (BOI). New rules were also included related to decisions on binding valuation information (BVI). The new conditions and rules are included in the Commission Delegated Regulation 2024/1072 (the Regulation) and Commission Implementing Regulation 2024/1071, which will enter into force on 5 May 2024 and apply from 1 December 2027.

The Regulations aim to ensure consistency for different types of binding information and, as far as possible, to align the provisions on BVI decisions with the provisions on BTI and BOI decisions under the Union Customs Code (2013/952), the Union Customs Code Delegated Act (2015/2446) and Union Customs Code Implementing Act (2015/2447). It requires that measures relating to BVI decisions should be introduced into customs legislation to increase transparency, legal certainty, compliance and uniformity in customs valuation to the benefit of economic operators, customs authorities and the financial interests of the EU.

The Regulations include the following specific changes:

• Article 10 of the Union Customs Code Delegated Act (2015/2446) will be amended to make BVI decisions subject to the same exception to the right to be heard that applies to BTI and BOI decisions under article 22(6) of the Union Customs Code (2013/952).
  
  
• A new article 18(a) will be introduced in the Union Customs Code Delegated Act (2015/2446) to identify customs valuation as a case for binding information decisions, to define the material scope of these decisions, to indicate situations in which an application for a BVI decision is not to be accepted and to establish them as binding.
  
  
• Articles 19(3) and 21 of the Union Customs Code Delegated Act (2015/2446) will be deleted, due to the envisaged inclusion of BOI applications and BOI decisions in the electronic system included in the Union Customs Code Implementing Act (2015/2447).
  
  
• A new article 20(a) will be included in the Union Customs Code Delegated Act (2015/2446) to make BVI decisions subject to the provisions related to the administration of such decisions, similar to those provided for BTI and BOI decisions in article 34 of the Union Customs Code (2013/952).
  
  
• Article 21 will be included in the Union Customs Code Implementing Act (2015/2447) to ensure that BVI decisions are applied consistently, including in their management through an electronic system, so that the present Regulation should apply from the same date as the electronic system.
   

For additional information concerning this Alert, please contact:

Ernst & Young Belastingadviseurs LLP
 

• Jeroen Scholten, Amsterdam 
  
  
• Martijn Schippers, Rotterdam 

For a full listing of contacts and email addresses, please click on the Tax News Update: Global Edition (GTNU) version of this Alert.