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.