Wise Persons Group feedback
Position Paper
14 Dec 2021
Customs and trade facilitation

 

The establishment of the European Commission’s Wise Persons Group on Challenges Facing the Customs Union (WPG) is a valuable initiative. AmCham EU welcomes it and takes this opportunity to provide the WPG with our ideas for customs reforms that we believe would benefit the European Union (EU) Member States, the EU as a whole and society at large.

The withdrawal of the UK from the EU, the new e-commerce VAT rules and COVID-19 have caused an uncontrolled explosion in the number of customs declarations. Historically, customs clearance processes were covering Business to Business (B2B) transactions. Within this framework, importers, exporters and customs brokers were familiar with the rules.

Today the supply chain has changed. In a Business to Consumer (B2C) environment, the regulatory framework is not always understood. Economic operators find it challenging to comprehend and apply very complex customs rules, while the complexity of the rules makes it challenging for customs authorities to control economic operators. 

An effective Customs Union should have simple, clear and easily understandable rules that anyone can apply and control.

 

In this paper we present our recommendations on the different topics that are being reviewed.

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On Wednesday, 11 March, the United States Trade Representative launched Section 301 investigations into structural production overcapacity against a range of economies, including the European Union.  We understand that this decision is part of a larger attempt to stabilise the US tariff system in the wake of the Supreme Court ruling striking down the International Emergency Economic Powers Act (IEEPA) tariffs. 

The American Chamber of Commerce to the European Union (AmCham EU) is concerned about the continued uncertainty of the current trade environment. Companies still lack clarity over future tariff rates in both the short- and long-term. We continue to oppose broad-based tariffs as they raise costs for businesses and consumers and disrupt supply chains. 

With potential measures against the EU under consideration, AmCham EU calls on the EU and the US to avoid escalation in the trade dispute. The priority must be to restore stability and predictability in transatlantic trade. The deal struck in the summer is not a perfect solution, but it offers the most realistic path forward given political priorities on both sides. We look to the parties to honour their commitments under the EU-US Framework Agreement. 

The US Administration rightfully identifies overcapacity as a critical issue in the global economy which also affects the European market. We see the EU as part of the solution, rather than the problem. The EU and the US must work together to tackle the real issue at hand: unfair trading practices from non-market economies.  

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Increasing certainty around the €150 customs duty de minimis threshold

The Commission’s proposed transitional rules to anticipate the removal of the €150 customs duty threshold risk creating distortions and unnecessary complexity. As discussed at the Trade Contact Group in January 2026, the current approach could undermine simplification efforts and lead to an uneven playing field between businesses involved in low-value distance sales. 

Co-legislators should consider targeted changes to address these risks. In particular, the temporary €3 duty and the use of the H7 simplified customs declarations should apply consistently to all distance sales below €150. H7 data requirements for simplified procedures should also remain proportionate and not exceed those of the standard H1 dataset. Finally, changes to the definition of the customs declarant should be avoided where they may create legal uncertainty or increase fraud and liability risks.

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