The European Parliament has approved a major reform of the EU Customs Code that treats non-EU businesses selling to EU consumers as responsible importers, also establishing a new handling fee and customs authority.
Under the new rules, any item bought from non-EU web shops and sent directly to EU consumers will incur an extra handling fee – a move set to cover the rising costs of managing an ‘avalanche’ of individual parcels.
To avoid passing the cost down to consumers, the handling fee will be paid by the same entity responsible for paying other customs charges for the same parcel. The European Commission will set an exact amount for the fee, and it will be revised every two years to keep it proportional to the actual costs. Member States will start collecting the fee by 1 November 2026 at the latest.
Sellers and platforms that operate outside the EU but sell directly to EU consumers will be treated as importers. They will be required to provide customs authorities with the required data, pay or guarantee any charges, and ensure that the products they ship comply with EU laws.
Companies must either be established in the EU or represented by an EU-based entity with authorized economic operator (AEO) or trusted trader status. This is set to ensure accountability and prevent the use of shell companies to work around the new rules.
Non-EU sellers are encouraged to operate warehouses in the EU and deliver bulk shipments that are easier for customs authorities to check. Intra-EU client shipments could lower the handling fee if the products are imported in collective packaging, and in large enough quantities to make customs checks more efficient.
Ignoring these rules could lead to a fine of at least 1% – and up to 6% – of the total value of goods the business has imported into the EU in the past twelve months. Customs authorities may also suspend, revoke, or annul the company’s trusted trader or AEO status, instead flagging it as a high-risk operator.
If an import-export company follows the rules and agrees to cooperate transparently with customs authorities, it may benefit from a simplified ‘trust and check’ regime. The company will initially need to allow customs authorities to access their electronic systems for vetting purposes, but its shipments will be checked less frequently and it will be granted more flexibility in its duty and fee payments.
The existing AEO qualification will also remain in place to ensure that smaller economic operators can access customs status.
Additionally, a new pan-European customs IT system – EU Data Hub – will be managed by a newly-established EU customs authority (EUCA). It is set to replace at least 111 software systems currently used by European customs authorities.
This system is expected to simplify and speed up the declaration of goods and communication with the customs authorities. It is also anticipated to facilitate cross-border cooperation for customs authorities, and to make comprehensive data more available to improve risk analysis.
The EU Data Hub will be available for optional use by 2031 but will become mandatory by 2034.
The EUCA will be based in Lille, France, and will become fully operational ‘almost immediately’. It will be responsible for coordinating future customs operation, ensuring risk management, and managing the data hub.
The European Council has already given its final formal agreement, so the reform has been signed into law and will be published in the EU’s Official Journal ‘as soon as possible’.
It will enter into force the next day, and EU Member States will be expected to apply the new rules in full after twelve months.
“This is the biggest reform of European customs since 1968, supporting trade and the enforcement of EU rules,” said Rapporteur Dirk Gotnik (EPP, NL). “As rapporteur, I have seen firsthand the tsunami of Chinese parcels violating EU rules, not paying taxes, and overwhelming our customs.
“We are ending the highly toxic business model of cheap, non-compliant and dangerous imports from China in favour of trade based on our standards and on fairer competition. We are finally giving Europe’s 80,000 customs officers the instruments they need to protect consumers and businesses for the decades to come.”
This development comes after MEP Regina Doherty wrote to EU Commissioner Jessika Roswall requesting ‘urgent action, simpler rules and proper protections’ for European SMEs selling online. She argued that the Packaging and Packaging Waste Regulation’s requirements are becoming a regulatory and financial burden for small and independent businesses shipping products across EU borders.
The German Federal Ministry for the Environment has also developed an amendment proposal to update the Packaging and Packaging Waste Regulation and save traders that put less than ten tons of packaging into circulation per year from appointing a representative in every EU country they serve. The Ministry emphasizes that the Regulation “must not create new bureaucratic obstacles”.
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