New Customs Code in force; three valuation rules apply now

Regulation (EU) 2026/2108 of the European Parliament and of the Council of 16 September 2026, establishing the Union Customs Code and the European Union Customs Authority and repealing Regulation (EU) No 952/2013Europa, was published in the Official Journal of the European Union on 19 September 2026VID. Under its Article 287 it entered into force on 20 September 2026VID, the day after publication, and it applies in full from 21 September 2027VID. Certain provisions apply already from the date of entry into forceEuropa — and three of them change customs valuation from 20 September 2026.

First, the transaction value of distance-selling goods. Article 175 of Regulation (EU) 2026/2108 provides that the transaction value of goods purchased in distance sales is determined on the basis of that saleEuropa; where the goods are bought in distance sales while placed under the customs warehousing procedure under Article 145 after being brought into the customs territory of the Union, the transaction value is determined on the basis of that saleEuropa. Article 179(4) adds the enforcement edge: in distance sales, where the importer does not dispel reasonable doubts about whether the declared transaction value represents the total price actually paid or payable under Article 174(1), customs may redetermine the value using the appropriate secondary methodEuropa — without prejudice to the importer's right to supply the justifying information within a reasonable timeEuropa. Where the importer cannot justify the declared price within a reasonable time, customs may redetermine the value using a secondary methodEuropa.

Second, customs value for export-duty purposes. Article 180 of Regulation (EU) 2026/2108, applicable from 20 September 2026Europa, sets dedicated valuation principles for export duty, covering the costs to include and to excludeVID. The value rests on the price actually paid or payable for the goods sold for export from the customs territory, adjusted as needed and as evidenced by the exporter's data — or, where that price is unavailable, incomplete or does not reflect the economic value, on objective and verifiable data including the market price of identical or similar exported goodsEuropa. It includes all costs directly linked to the export transactionEuropa and excludes costs incurred after the goods leave the customs territory and payments unrelated to the exported goodsEuropa; customs may request additional evidence to verify the exporter's data. These rules concern only goods liable to export duties.VID

Third, the importer's invoice access. The updated practice restates the guidance on SMK ĪA 145 in conjunction with SMK 163(1): the importer's access to the invoice for the last sale before the goods entered the customs territory depends on the holder passing it in good faith down the chain of buyers. Where the importer has no such invoice, the value cannot be determined by transaction value and is determined sequentially under SMK 74 — the secondary methods. A real invoice, not a pro-forma, remains the required supporting document for the declared transaction value.

The unchanged backbone still applies in parallel: the base method is transaction value under SMK 70, with additions under SMK 71 (including transport and insurance to the place of introduction, royalties and licence fees paid as a condition of sale) and deductions under SMK 72; discounts count only where the contract provided for them when the declaration was accepted; and consignments over 20,000 euro trigger the detailed value declaration in EMDAS.

The valuation changes rest on Articles 175, 179(4), 180 and 287 of Regulation (EU) 2026/2108, published in the Official Journal of the European Union on 19 September 2026.