Legislation regarding binding valuation information decision (‘BVI’) adopted

The binding valuation information decision

Where EU customs legislation already provides the possibility to apply for a binding decision relating to tariff classification (‘BTI’) and relating to origin (‘BOI’), a third possibility will be added per 1 December 2027, namely the possibility to apply for a binding decision relating to customs valuation (‘BVI’).

The adopted legislation indicates that the possibility to apply for a BVI is introduced 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.

Business implications

From December 1, 2027, EU customs legislation will allow businesses to apply for a BVI, which will indicate the appropriate customs valuation method or criteria, and the application thereof, to be used for determining the customs value. The aforementioned decision will, although taken by one customs authority, be valid in all EU Member States for a period of three years after the decision has taken effect. In this regard, it should be emphasized that a BVI will only see to a particular set of circumstances. Therefore, it will remain important to determine the customs value on a case-by-case basis.

The adopted legislation indicates situations in which an application for a BVI is not to be accepted and establishes their binding character with respect to both the customs authorities and the holder of the decision. It also details when a BVI ceases to be valid or should be revoked through provisions similar to the ones applicable to a BTI and a BOI.

It is envisaged that the management of BVI’s and, in parallel, of BOI’s will be supported by an IT-system building on the existing EBTI system. This means that BVI applications will likely have to be submitted through the EU Customs Trader Portal. The exact data requirements for a BVI are however not included in this legislation and will be published through a separate legal act.

How we can help

Deloitte’s Global Trade Advisory specialists are part of a global network of professionals who provide specialized assistance in global trade and customs matters, including on topics regarding customs valuation. Our professionals can support in, amongst others, determining the customs value of your goods, preparing and assisting with the application for a decision or authorization, as well as liaising with the relevant customs authorities in this regard.

For more information about how the inclusion of the BVI into EU customs legislation could affect your business, please contact one of our experts.