European Union level
The rules set out in the WTO Customs Valuation Agreement have been transposed into the directly applicable European Community customs legislation in form of the
- Customs Code of the European Communities, Articles 28 to 36;
- Implementing Provisions to the Customs Code, Articles 141 to 181a and annexes 23 to 29.
Customs valuation matters at EC level are addressed by a Committee (Customs Code Committee - Valuation Section) which regularly meets in Brussels . Its tasks include examination of valuation issues, as brought up either by the Commission, either at its own initiative or at the request of a Member State 's representative. The Committee deals in particular with
- divergent interpretations of the customs valuation rules by Member States' administrations,
- amendments of the customs valuation rules,
- guidelines to the customs valuation rules,
- the preparation of a common EC position in the WTO and the WCO technical committee on customs valuation (see point 5: "customs valuation").
Further information on customs valuation, including the interpretation of certain rules brought to the attention of the Customs Code Committee (valuation section) is published by the EC:
EC Customs Valuation Compendium containing especially
- Committee conclusions on specific valuation topics,
- commentaries on specific valuation topics,
- an overview of rulings of the European Court of Justice (ECJ) in the customs valuation area (for complete ruling texts, please consult the ECJ website), as well as
- references to instruments adopted by the WCO technical committee on customs valuation.
The Compendium has been prepared primarily for Member States administrations but should be available to all interested parties. It is available below in all official languages of the Community.
The aim of the compendium is the guidance of the Member States administrations and the economic operators who seek for guidance on the interpretation of the provisions of Community Customs Code (Reg. (EC) Nr. 2913/92) and its Implementing Provisions (Reg. (EC) Nr. 2454/93) which establish the EC rules on customs valuation. By giving concrete examples particular problems are illustrated and the solutions are given at the same time in accordance with the respective articles of the Customs Code and its Implementing Provisions.
It should be stressed in particular that the authentic texts of EC regulations and directives are those published in the Official Journal of the European Communities. As regards judgements of the Court of Justice of the European Communities the authentic texts are those given in the reports of cases before the Court of Justice.
- Full text of compendium updated in May 1997
- Updated edition 2003
- Updated edition 2004
- Updated edition 2005
- Updated edition 2007
- Updated edition 2008
Customs value is important not only for the calculation of customs duties, but in a number of other sectors.
In the European Union, the customs value is required:
for VAT purposes
See Article 11.B.1 of the 6th VAT Directive 77/388/EEC:
"The taxable amount in respect of the importation of goods is the customs value."
for import statistics
See Article 9 of the Regulation (EC) N° 1917/00 regarding statistics on external trade:
"In cases where the statistical value is established, the customs value [...] shall be used to determine the value of the goods."
for some tariff quotas
Where a quota applies a valuation limit for the importation of certain goods, as defined in the customs tariff of the European Communities (e.g. article X with a total quota volume of XX €).
for some rules of origin
Where the rule applies valuation criteria (e.g. "manufacture of article X in which the value of non-originating materials does not exceed 40% of the ex-works price")
New simplified procedures for certain fresh fruit and vegetables:
On 8 February 2006, the Commission has adopted regulation (EC) n° 215/2006 (OJ L 38 of 9.2.2006), amending regulation (EEC) n° 2454/93. This regulation introduces a new simplified system for the valuation of certain fresh fruit and vegetables imported on consignment. The new system is now based on Article 30 (2) c) of regulation(EEC) n° 2913/92 and Article 152 of regulation (EEC) n° 2454/93. Articles 173 to 177 of regulation (EEC) n° 2454/93 are deleted.
This system includes a number of new features which facilitate the work of trade and customs, including the publication of unit prices by means of TARIC.
The practical functioning of the system is explained in the guidelines also available on this website.