Notes from the EU - a new customs code?
20th November 2009 15:16

The latest proposed reforms to create a harmonised and modernised EU customs code could increase duties on branded food imported from outside the EU.

They could boost the customs valuation of these goods, inflating ad valorem tariffs; one change would ban the use of the ‘first sale for export’ for valuations, where importers declare the price a foreign exporter paid to a local supplier before shipping the goods to Europe.

This could be less than the price paid by the eventual European customer, with a correspondingly lower duty.

Another change would force exporters to include royalties and licence fees covering permissions to exploit intellectual property rights in their customs valuations. These are currently excluded when exporters source from suppliers not directly demanding their payment – essentially a third party.

Under the new system, royalties and licence fees would be included in valuation of any goods attracting some kind of trademark, patent or copyright.

Any changes would - naturally - need to be discussed at length by EU officials but the impact of any reforms is worth bearing in mind.

Keith Nuthall

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