On 25 January 2024, the EU Commission confirmed and adopted the Delegated Regulation no. 5831/24 (“Regulation”) that incorporates binding valuation information (“BVI“) decisions in customs legislation.

Under the new Regulation, operators may apply for a binding BVI decision from the relevant customs authorities in the EU (which would be binding across all Member States of the EU), in order to obtain certainty about the customs value of goods imported into the EU. This move, announced in 2022, seeks to ensure transparency and legal certainty, and supports compliance and uniformity in customs valuation.

This final version of the Regulation contains only limited amendments to the draft Regulation, which was published in January 2023. These include minor deletions in Article 20a (Article 35 of the Union Customs Code) relating to how BVI decisions may be amended and revoked.

See our earlier blog on the announcement of the draft Regulation here.

The possibility to issue BVI decisions joins an already well-established legal and operational framework for issuing binding decisions relating to tariff classification information (“BTI”) and binding origin information (“BOI”).

These new rules will apply from 1 December 2027 – a notable delay from the originally planned 1 December 2025.

Author

Johanna Asplund is an associate at the Firm’s London office in the Competition, Trade and Foreign Investment Practice Group. She completed her degree in International Relations from London School of Economics then a Graduate Diploma in Law and Legal Practice Course (LLM) from BPP University in 2019.

Author

Olof Johannesson is a member of Baker McKenzie’s International Commercial & Trade Group in Stockholm. Prior to joining the Firm in August 2017, he worked at other law firms in Gothenburg between 2015 and 2017, and in Brussels between 2014 and 2015.

Author

Jessica Mutton's practice focuses on international trade, encompassing customs, tax evasion, sanctions and export controls, and anti-bribery. She joined Baker McKenzie from another global law firm in 2015. Jessica has knowledge of both the English common law and French civil law systems and has worked in London, Paris, Barcelona and Madrid. Jessica conducts training and presents at various seminars, webinars, and conferences on the complexities of international trade compliance. She is identified as a "rising star" by the Legal 500 and is recommended by the same body for her customs and Brexit work.