Swift conclusion of the Union Customs Code Reform

Contribution to the trilogue discussion

European retailers and wholesalers strongly support the swift conclusion of the Union Customs Code (UCC) reform. The reform must empower the Commission and Member States to solve the rapidly growing influx of individual shipments, which often pose risks to consumer safety and undermine a level playing field between EU-based and third-country traders and online marketplaces.

We recognise the importance of reinforcing the legal framework to effectively respond to new challenges. Equally, we support the creation of a harmonised EU customs system by strengthening rules and processes and introducing standardised enforcement. In particular, we strongly support the objective of addressing the challenges created by the rapidly changing nature of e-commerce trade: to support European businesses, while reducing complexity and administrative burden for compliant traders.

With that in mind, for a successful implementation, we encourage policymakers to work closely with stakeholders not only during the next few months to finalise legislation but also while developing secondary legislation and through the implementation phase.

Here are our key recommendations for the trilogue parties:

1. Clarify the interaction between the deemed importer concept and new e-commerce rules with existing EU legislation, including the Digital Services Act, consumer and product legislation (e.g. New Legislative Framework, the Market Surveillance Regulation, the Product Liability Directive and the General Product Safety Regulation, etc) and environmental law.
2. Prioritise the removal of the de minimis threshold, even though it is not part of the current trilogue negotiations. Its removal is essential to restoring a level playing field, protecting consumers, and ensuring fair competition. Continued delays undermine the compliance efforts of EU-based retailers and wholesalers.
3. Introduce an EU-wide handling fee without delay, and ensure a harmonised approach across Member States until both the EU handling fee and the Customs Data Hub are fully operational. Article 18(1f) should specify that the Commission will provide an appropriate EU-level IT solution for implementing the Union handling fee in case of delays to the Data Hub, or propose an alternative mechanism.
4. We strongly support the Council version of Article 258a, which calls for an evaluation of the handling fee and an assessment of its budgetary implications and impact on the functioning of distance sales.
5. The current version of Article 207 refers to the objectives of the European Customs Authority (EUCA). Point (c) should include “providing guidance to national customs authorities on the practical application of customs processes and working methods”. This would reinforce one of the core tasks in Article 208 (g) on preparing operational manuals and stress the importance of EUCA in ensuring the harmonised application of customs regulations across Member States.
6. We support Council amendments Art 208 3a and 3b on maintaining communication channels with stakeholders and setting up a consultation mechanism with the business sector.
7. We support the EP’s amendment to Article 29a that asks to conduct early pilots in collaboration with relevant stakeholders.
8. Clarification in Recital 19 on potential delays of the Data Hub. Existing national systems should remain operational until full functionality of the Data Hub is ensured. Member States should be responsible for ensuring compliance with the rules set out in the customs code.
9. We strongly support retention of the AEO status. As such, we support the Council’s amendments to article 27(3a), allowing customs brokers and freight forwarders to keep using AEO simplification on behalf of their clients.
10. AEO and Trust and Check should be applied in a uniform manner across Member States. This could be overseen by the EU Customs Authority and could be added to the list of tasks under Article 208 3: to contribute to a unified application of the Trust and Check and AEO statuses by providing best practice guidance to Member States.
11. EFTA-based entities should have equal rights and obligations, especially considering that such rights and obligations are coherent with mutual recognition arrangements and are consistent with the policy objectives contained within the Single Market Strategy, which includes the EFTA countries. This could be achieved either via an amendment to the text or clarification in the guidance.