European Union Customs Union Explained

Conventional Long Name:European Union Customs Union
Org Type:Customs union
Established:1968[1]
Area Km2:4950000
Population Estimate: 518,000,000
Population Estimate Year:2021
Gdp Ppp: $16.1 trillion
Gdp Ppp Year:2021
Gdp Nominal: $16.6 trillion
Gdp Nominal Year:2021

See also: European Union free trade agreements.

The European Union Customs Union (EUCU), formally known as the Community Customs Union, is a customs union which consists of all the member states of the European Union (EU), Monaco, and the British Overseas Territory of Akrotiri and Dhekelia. Some detached territories of EU states do not participate in the customs union, usually as a result of their geographic separation. In addition to the EUCU, the EU is in customs unions with Andorra, San Marino and Turkey (with the exceptions of certain goods), through separate bilateral agreements.[2]

There are no tariffs or non-tariff barriers to trade between the members of the customs union and unlike a free-trade area members of the customs union impose a common external tariff on all goods entering the union.[3]

The European Commission negotiates for and on behalf of the Union as a whole in international trade deals, rather than each member state negotiating individually. It also represents the Union in the World Trade Organization and any trade disputes mediated through it.

Common external tariffs

The EU Customs Union sets the tariff rates for imports to the EU from other countries. These rates are detailed and depend on the specific type of product imported, and can also vary by the time of year.[4] The full WTO Most Favoured Nation tariff rates apply only to those countries that do not have a Free Trade Agreement with the EU, or are not on a WTO recognised exemption scheme such as Everything but Arms (an EU support arrangement for Least Developed Countries).

Union and common transit

Union transit, formerly called "Community transit", is a system generally applicable to the movement of non-Union goods for which customs duties and other charges due on import have not been paid, and of Union goods, which, between their point of departure and point of destination in the EU, have to pass through the territory of a third country.

The 'common' transit procedure is used for the movement of goods between the EU Member States, the EFTA countries (Iceland, Norway, Liechtenstein and Switzerland), Turkey (since 1 December 2012), the Republic of North Macedonia (since 1 July 2015) and Serbia (since 1 February 2016). The operation of the common transit procedure with the UK is ensured as the UK has deposited its instrument of accession on 30 January 2019 with the Secretariat of the Council of the EU.[5] The procedure is based on the Convention of 20 May 1987 on a common transit procedure. The rules are effectively identical to those of the Union transit.

Edward Kellett-Bowman MEP, as rapporteur for a European Parliament Committee of Inquiry, presented a report to the Parliament in February 1997 [6] which identified the removal of border controls and a lack of co-operation by member states as being responsible for a rise in organised crime and smuggling.[7] Kellett-Bowman's report led to the European Union setting up a customs investigation body and computerising transit-monitoring systems.[8]

Modernised Customs Code

The Modernised Customs Code (MCC) was adopted under Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code).[9] The MCC was primarily adopted to enable IT customs and trade solutions to be adopted.[10]

Union Customs Code

The Union Customs Code (UCC), intended to further modernise customs procedures, entered into force on 1 May 2016. This superseded the MCC. The European Commission has stated that the aims of the UCC are simplicity, service and speed.[11] Implementation took place over a period of time and most aspects of implementation were complete by 31 December 2020, although some formalities managed by electronic systems may not be fully implemented until 2025.[12]

One major goal of the UCC is to progress towards the complete use of electronic systems for interactions between businesses and customs authorities, and between customs authorities, bringing all paper-based customs processes to an end.[13]

Non-EU participants

Monaco and the British Overseas Territory of Akrotiri and Dhekelia are integral parts of the EU's customs territory.[14]

State / territoryAgreementEntry into force
MonacoFranco-Monegasque Customs Convention[15] [16] [17] 1968
(United Kingdom) 1 May 2004

EU territories with opt-outs

While all EU member states are part of the customs union, not all of their respective territories participate. Territories of member states which have remained outside of the EU (overseas territories of the European Union) generally do not participate in the customs union.[19]

However, some territories within the EU do not participate in the customs union for tax and/or geographical reasons:

Historical opt outs

The following territories were excluded until the end of 2019:

Bilateral customs unions

Andorra, San Marino and Turkey are each in a customs union with the EU.

StateAgreementEntry into forceNotes
Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra – Joint Declarations[22] 1 January 1991Excludes agricultural produce
Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino[23] 1 April 2002
TurkeyDecision No 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing the final phase of the Customs Union[24] 31 December 1995Excludes agricultural produce

Special arrangements concerning territories of the United Kingdom

The United Kingdom of Great Britain and Northern Ireland left the European Union on 31 January 2020 and transition arrangements ended on 31 December 2020. Special arrangements have been made for those parts of the United Kingdom and its territories that share a land border with an EU member state.

Northern Ireland

The UK (including Northern Ireland) is no longer a member of the European Union Customs Union. However there are special arrangements in place for Northern Ireland: its trade with Great Britain and its trade with the European Union are each now regulated by the Brexit withdrawal agreement (specifically the Northern Ireland Protocol and the Windsor Framework), the EU–UK Trade and Cooperation Agreement, the European Union (Future Relationship) Act 2020, the United Kingdom Internal Market Act 2020. These include special provisions for trade in goods between Northern Ireland and the EU which for many purposes are similar to those that apply within the Customs Union, although Northern Ireland remains part of United Kingdom Customs territory.

Gibraltar

See main article: Effect of Brexit on Gibraltar. Gibraltar left the EU concurrently with the United Kingdom. When part of the EU, it was one of the EU territories with opt-outs and had not been part of the Customs Union. An agreement in principle has been reached between the EU, the United Kingdom, and Gibraltar to negotiate a treaty which would include provisions for trade on goods between the EU and Gibraltar.[25] These would be "substantially similar" to those within the Customs Union. the agreement has not yet been concluded.

Akrotiri and Dhekelia

As already noted above, the British Overseas Territory of Akrotiri and Dhekelia on the island of Cyprus are integral parts of the EU's customs territory.

See also

External links

user guides for the TARIC database aboveEuropean Commission: Communication and Information Resource Centre for Administrations, Businesses and Citizens.

Notes and References

  1. Book: Dinan . Desmond . Europe Recast: A History of European Union . 2014 . Palgrave Macmillan . Basingstoke, New York . 978-0-333-69352-0 . 88 . 2nd.
  2. http://ec.europa.eu/taxation_customs/customs/customs_duties/rules_origin/customs_unions/index_en.htm Customs unions, Taxation and Customs Union
  3. Erskine . Daniel H . 2006 . The United States-EC Dispute Over Customs Matters: Trade Facilitation, Customs Unions, and the Meaning of WTO Obligations . Florida Journal of International Law . 18 . 432–485 . 987367 .
  4. https://circabc.europa.eu/faces/jsp/extension/wai/navigation/container.jsp Taric and Quota Data & Information
  5. European Union, Union and Common Transit, accessed 24 December 2020 Text was copied from this source, which is available under a Creative Commons Attribution 4.0 International License .
  6. European Parliament, Report on the Community Transit System, 20 February 1997, accessed 31 January 2017
  7. Neil Buckley, "Cross-border crime loses EU billions: Inquiry blames Brussels and customs for failing to clamp down on smuggling", Financial Times, 21 February 1997, p. 2.
  8. Neil Buckley, "EU plans single body against smuggling", Financial Times, 13 March 1997, p. 2.
  9. OJ L 145, published 4 June 2008
  10. [Deloitte|Deloitte Netherlands]
  11. Web site: Union Customs Code . Taxation and customs union – European Commission . 25 May 2016 . 17 August 2016 . https://web.archive.org/web/20160817170628/http://ec.europa.eu/taxation_customs/customs/customs_code/union_customs_code/ucc/index_en.htm . live .
  12. European Commission, "The Union Customs Code (UCC) – Introduction"., accessed 29 March 2023.
  13. European Commission, "Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 952/2013 to prolong the transitional use of means other than the electronic data-processing techniques provided for in the Union Customs Code", COM(2018) 85 final, published 2 March 2018, accessed 29 March 2023. .
  14. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A12019W%2FTXT%2802%29#d1e32-136-1 Protocol relating to the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus
  15. Web site: Taxation and Customs – FAQ . . 12 September 2012 . dead . https://web.archive.org/web/20120608000239/http://ec.europa.eu/taxation_customs/common/faq/faq_1178_en.htm . 8 June 2012 . dmy-all.
  16. Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code . . 19 October 1992 . 12 September 2012 . 29 July 2017 . https://web.archive.org/web/20170729113232/http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:1992:302:0001:0050:EN:PDF . live .
  17. Web site: Monaco and the European Union. https://web.archive.org/web/20210120213751/https://en.gouv.mc/Policy-Practice/Monaco-Worldwide/Monaco-and-the-European-Union. 20 January 2021. 31 January 2021. Gouvernement Princier. live.
  18. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A12003T%2FPRO%2F03 Protocol No. 3 on the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus
  19. https://ec.europa.eu/taxation_customs/business/vat/eu-vat-rules-topic/territorial-status-eu-countries-certain-territories_en Territorial status of EU countries and certain territories
  20. Article 6 of Council Directive 2006/112/EC, 28 November 2006
  21. Web site: REGULATION (EU) No 952/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 9 October 2013 laying down the Union Customs Code, Article 4 . 11 . PDF . EURLEX . October 2013 . 2018-12-17 . 14 August 2019 . https://web.archive.org/web/20190814205125/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R0952&rid=1 . live .
  22. Web site: Andorra: Customs Unions and preferential arrangements . . 12 September 2012 . dead . https://web.archive.org/web/20121026034312/http://ec.europa.eu/taxation_customs/customs/customs_duties/rules_origin/customs_unions/article_412_en.htm . 26 October 2012.
  23. Web site: Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino . 15 July 2015 . 7 April 2013 . https://web.archive.org/web/20130407210654/http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2002:084:0043:0052:EN:PDF . live .
  24. Web site: Decision No 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing the final phase of the Customs Union . https://web.archive.org/web/20130319041259/http://www.avrupa.info.tr/fileadmin/Content/Downloads/PDF/Custom_Union_des_ENG.pdf . 19 March 2013 . live .
  25. News: Deal between Spain and UK plans to eliminate Gibraltar border checkpoint . Maria . Martin . Miguel . González . . Madrid . 11 January 2021 . 29 January 2021 . 25 May 2023 . https://web.archive.org/web/20230525210222/https://english.elpais.com/brexit/2021-01-11/deal-between-spain-and-uk-plans-to-eliminate-gibraltar-border-checkpoint.html . live .