CHAPTER 3

The customs value of goods, for the purposes of applying the Common Customs Tariff and non-tariff measures laid down by Community provisions governing specific fields relating to trade in goods, shall be determined in accordance with Articles 41 to 43. The primary basis for the customs value of goods shall be the transaction value, that is the price actually paid or payable for the goods when sold for export to the customs territory of the Community, adjusted, where necessary, in accordance with measures adopted pursuant to Article 43. The price actually paid or payable is the total payment made or to be made by the buyer to the seller or by the buyer to a third party for the benefit of the seller for the imported goods and includes all payments made or to be made as a condition of sale of the imported goods. The transaction value shall apply provided that the following conditions are satisfied: there are no restrictions as to the disposal or use of the goods by the buyer, other than any of the following: restrictions imposed or required by a law or by the public authorities in the Community; limitations of the geographical area in which the goods may be resold; restrictions which do not substantially affect the customs value of the goods; the sale or price is not subject to some condition or consideration for which a value cannot be determined with respect to the goods being valued; no part of the proceeds of any subsequent resale, disposal or use of the goods by the buyer will accrue directly or indirectly to the seller, unless an appropriate adjustment can be made in accordance with measures adopted pursuant to Article 43; the buyer and seller are not related or the relationship did not influence the price. Where the customs value of goods cannot be determined under Article 41, it shall be determined by proceeding sequentially from point (a) to paragraph 2(d) of this Article, until the first point under which the customs value of goods can be determined. The order of application of points (c) and (d) shall be reversed if the declarant so requests. The customs value, pursuant to paragraph 1, shall be: the transaction value of identical goods sold for export to the customs territory of the Community and exported at or about the same time as the goods being valued; the transaction value of similar goods sold for export to the customs territory of the Community and exported at or about the same time as the goods being valued; the value based on the unit price at which the imported goods, or identical or similar imported goods, are sold within the customs territory of the Community in the greatest aggregate quantity to persons not related to the sellers; the computed value. Where the customs value cannot be determined under paragraph 1, it shall be determined, on the basis of data available in the customs territory on the Community, using reasonable means consistent with the principles and general provisions of the following: the agreement on implementation of Article VII of the General Agreement on Tariffs and Trade; Article VII of General Agreement on Tariffs and Trade; this chapter. The Commission shall, in accordance with the regulatory procedure referred to in Article 184(2), adopt the measures laying down the following: the elements which, for the purposes of determining the customs value, must be added to the price actually paid or payable, or which may be excluded; elements which are to be used to determine the computed value; the method of determination of the customs value in specific cases, and with regard to goods for which a customs debt is incurred after the use of a special procedure; any further conditions, provisions and rules necessary for the application of Articles 41 and 42.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-07 · Text as adopted (Official Journal); later amendments are not incorporated in this text.