Unpacking the Significance of Binding Valuation Information in EU Customs Law: Insights from ECCE's Debut Session
FIRST SEMINAR OF ECCE - EUROPEAN COMMON CUSTOMS EVALUATION (II ED.)
DATE: 15 DECEMBER 2023 from 9:00 to 14:00
EVENT LOCATION: University of Valencia - Collegio Major Rector Peset, Plaça Del Forn De Sant Nicolau, 4, Valencia - In presence and online event
The EU plans to include in its customs legislation decisions on binding valuation information (‘BVI decisions’). This will complete the legal and operational framework for issuing decisions relating to binding tariff classification information (BTI) and binding origin information (BOI).
These decisions aim to establish a transparent and formal process for exporters and importers to apply and obtain binding decisions on customs treatment for imported or exported goods.
The main benefit for the holder is legal certainty that operations covered by the decision will be treated by customs authorities, while the main benefit for the customs authorities is to pre-define with legitimate traders the correct treatment of those operations, supporting risk management and contributing to overall compliance and uniformity of customs operations throughout the EU.
The legal and operational framework for BVI decisions is modelled on relevant aspects of existing BTI and BOI decisions, and will meet international standards regarding advance rulings for customs purposes.
A BVI will ensure transparency and legal certainty and support compliance and uniformity in customs valuation, to the benefit of economic operators, customs authorities and the EU’s financial interests. It will also meet international standards regarding advance rulings for customs purposes.
It is anticipated that the revisions will take effect on December 1, 2025.
On December 21, 2022, the proposed amendments (Ares (2022)8903368 and Ares (2022)8903397) that would modify Regulation (EU) 2015/2446 (UCC-DA) and Regulation (EU) 2015/2447 (UCC-IA) were released:
The webiste is here:
The project is being carried out in cooperation with Universidad de Valencia, Westfälische Wilhelms-Universität Münster, Erasmus Universiteit Rotterdam, and the Joint Research Centre (ISPRA).
The following are the project's two main objectives:
The research's first objective is to compare and analyse different customs control procedures in order to understand and explain how customs rules regarding value are unintentionally implemented by various customs administrations.
Additionally, it seeks to ascertain the true stances of national customs agencies towards this kind of regulation (law in action).
The second objective of the programme is to examine the value and legal status of Theseus, a statistical instrument developed in Europe that may be used at a low cost to fight undervaluation fraud across the continent.
What did the event talk about?
1. Legal Structure and Difficulties
Binding Valuation implementation The legitimacy of the information provided by customs officers was examined, as well as the need of a uniform strategy across EU members. This component is necessary for uniform customs processes and legal clarity.
2. Complicatements in e-Commerce Valuation
The workshop highlighted the unique challenges associated with valuing e-commerce transactions, especially when considering models like Fulfilment by Amazon (FBA). The primary focus was on how challenging it is to ascertain transaction values under these types of circumstances.
3. Future Outlook and Adaptability
It was said that in order to manage new e-commerce models and trends, customs valuation has to be flexible and adaptive. This type of information is necessary to stay up to date with evolving market conditions and technological advancements.
4. Practical Advice for Exporters and Importers
Throughout the session, businesses engaged in EU trade received practical advice. It underlined how important it is to stay current with regulatory changes, make investments in digital solutions for efficient customs processes, and take part in international collaboration for uniform standards. This approach is crucial for handling the complexities of international trade and customs value in a rapidly evolving world of e-commerce.
Many thanks to the team for planning such a worthwhile programme!
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