Starting next month, National Agency for Fiscal Administration (ANAF) will implement the Union Customs Code (UCC) which establishes common EU rules to facilitate trading.
Thus, regardless of the Member State where the goods are declared, the same rules will be applied and, once the customs formalities are completed, they can move freely or can be marketed throughout the EU, ANAF announced.
The UCC will be implemented gradually as from 1 May 2016 until the end of 2020. There will be substantial changes to customs valuation which have considerable financial consequences for multinational businesses that import goods into the EU. Other major changes include the new definition of exporter, special procedures (warehousing, processing etc.), authorized economic operator (AEO) and Binding Tariff Information (BTI).
Under current EU legislation, importers may use the so called First Sale for Export (FSFE) customs value, i.e., provided certain conditions are met, they can use the value of an earlier sale in the supply chain as the customs value. Under the UCC, importers must use the value of the sale” occurring immediately before the goods are brought into the customs territory of the Union.” This rule is better known as the “Last Sale for Export rule.”
From contacts with national customs authorities, it appears that if goods are sold for export to the EU and are entered into a bonded warehouse, the purchase price of those goods can be used as the customs value. However, where there is no sale which leads to the introduction into the warehouse, the (higher) price charged with regard to the subsequent sale from the warehouse will be the basis for the customs value. This would apply in the case of a transfer of own goods.
The definition of “exporter” is relevant to determine the specific customs office where the export declaration must be submitted and to determine who is responsible for compliance with the export formalities. Also it has implications for the entitlement to apply the value added tax (VAT) exemption for export outside the EU.
The new rules redefine the concept of ”exporter” with strong emphasis on being established in the customs territory of the Union, holding the contract with the consignee in the third country and having the power to determine that the goods be transported out of the Union.