Cross-Border Shipping Rules and Regulations

Background information

The New Computerised Transit System (NCTS) is a system used to submit Common Transit declarations for ground/Road movements. The NCTS ensures that “goods in bond” (goods contained in all shipments transiting Europe with the status NOT CLEARED) can move more easily between the countries of the European Union (*) and the countries of Norway, Liechtenstein, Andorra, Iceland, San Marino, Switzerland, Republic of North Macedonia, Montenegro, Serbia, Turkey, United Kingdom, and Ukraine (hereafter “NCTS countries”).

NCTS - Phase 5 - will be implemented in stages and will come with new data requirements which include 6-digit Harmonised System (HS) codes on commodity line level.

NCTS 5 will be implemented in two phases: (1) TRANSITION phase and (2) POST TRANSITION phase.

1. Transition phase:

• • Transitional rules are being applied to allow seamless implementation during the period in which phases 4 phase 5 of the NCTS will coexist. Therefore, there are country variations regarding the mandatory 6-digit HS code for NCTS at commodity level.
    • As transitional rules apply, some of the countries have indicated that the inclusion of a 6-digit HS code is optional until the end of 2024, for both import and export movements.
    • When the transition phase ends and, therefore, the countries have implemented NCTS Phase 5, each shipment transported by road using this customs procedure must include a 6-digit HS code.
  • Start dates of the customs procedure vary depending on the country.

2. Post Transition phase:

• • A 6-digit HS code for NCTS at commodity level will be mandated for all NCTS countries as defined above.

Some countries are reporting delays in the implementation of the HS code, therefore, the target date may vary by country.

Shipments impacted:

• Type: Ground/Non-Document. COO Status: different from ‘C’ (not cleared)
• Movement Origin: Any of the NCTS countries listed above.
• Movement Destination:
  • Either any of the NCTS countries listed above (can be within the same country as origin)
  • Any non-EU country

References:

To find out how to easily identify the appropriate tariff code for your product watch this video and then visit the government website.
If you want more guidance on how to fill your Commercial Invoice correctly, watch this video.

* Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.

CBAM is a price adjustment tool introduced to equalize the price of carbon emission between EU domestic products and imports. This applies to imports into the EU for designated goods based on their CO2 emissions in the production process outside the EU. The aim is to prevent carbon leakages.

As of 1 October 2023, we have entered the transitional period, during which importers of CBAM goods are required to submit quarterly reports containing various information such as, among others, quantities, origin countries, greenhouse gas emissions and (If applicable) carbon price due in the country of origin.

If you wish to know more about CBAM you can download a factsheet with more information about CBAM here and visit the official CBAM European Commission dedicated page.

Disclaimer:
Following the adoption of the EU Regulations (EU) 2023/956 (10/5/23) and (EU) 2023/1773 (17/8/23) the Carbon Border Adjustment Mechanism (CBAM) has started to apply with a transitional period until 31 December 2025.

Pursuant to these Regulations, UPS has a possibility to opt out of the CBAM reporting obligations for importers established in a Member State.

Hereby, UPS notifies its decision not to carry out the CBAM reporting obligations provided in Articles 33 and 35 of the CBAM Regulation, on behalf of those importers established in a Member State for which UPS is acting as an indirect customs representative.
Therefore, it will be a legal obligation of such importers, to submit a report (“CBAM report”) containing information on the goods that they import into the EU during a given quarter of a calendar year, no later than one month after the end of that quarter. This report must be submitted to the CBAM Transitional Registry.

We invite you to contact the National Competent Authority for CBAM purposes (NCA) of the Member State where you are established for further information on CBAM-related reporting obligations.
You may also find relevant information on CBAM on the European Commission’s dedicated webpage.

If you are shipping into or via the European Union (EU) countries, Norway, or Switzerland, please be aware that from 1st March 2023 (subject to a deployment window), the EU has implemented a new release of the customs pre-arrival security and safety program, Import Control System 2 (ICS2). You can read more about ICS2 here.

To ensure compliance and a fast and efficient clearance process, please provide:

• 6-digit HS code for every item - To learn how to identify the right tariff code easily for your product, you can visit the EU Commission site
• Your EU receiver’s EORI number - To know more about the EORI number, watch this video.
• An accurate goods description – This should answer what is the item you are shipping, what is made of and what is intended for.

If you want more guidance on how to fill your Commercial Invoice correctly, watch this video.

Brexit has made shipping to the UK more complex. But don’t worry, we’ve got you covered and will be by your side during your exporting journey, whether you’re a seasoned exporter or are about the send your first shipment to the UK. Consult our guide about Brexit.

Find out what changed on 1 July 2021 and how it may impact your business when exporting to customers in the EU. We do not control or oversee governmental regulations, including the EU VAT reform rules and regulations. We are providing information that may assist you with your shipments into the EU, and should not be relied on as legal or tax advice.

Learn More about the EU VAT Rules Update

If you have registered for an EU Import One Stop Shop (IOSS) number, we can store it in our UPS shipping systems, eliminating the need for you to provide this number each time you make a shipment. To do so, please complete and return below Power of Attorney (POA) document.

Download the POA Form To Submit Your IOSS Number to UPS for Storage

If you do not provide UPS with the Power of Attorney document, please ensure that your IOSS number is entered in your UPS shipping system for each shipment that meets the criteria.

In order to register for the Import One Stop Shop (IOSS) you must have an EU-based establishment. If you do not, you will need to appoint an intermediary to register and settle VAT for applicable EU imports via the IOSS platform on your behalf.

UPS has selected the tax consultant PwC* to offer IOSS intermediary and compliance services for our customers who do not have an EU-based establishment.

If the UPS customer chooses to work with PwC, the IOSS intermediary and compliance services on offer include:

• Managing the application for an IOSS number
• Preparing and submitting IOSS VAT returns based on sales data provided by the UPS customer
• Managing communications with the VAT authorities
• Providing monthly information regarding VAT payments
• Relevant updates that might affect UPS customer’s business by means of periodic newsletters.

You can find further information about the IOSS intermediary and compliance services on the PwC website.**

*PwC refers to PwC Business Advisory Services bv. The performance of the services by PwC will be subject to a client acceptance procedure and necessary independence approvals and clearance. The word “client” throughout this text refers to UPS customers which choose to work with PwC and which pass PwC’s client acceptance procedure.

**UPS cannot take responsibility for pages maintained by external providers and takes no responsibility for information contained on external links from this website. UPS referrals are made for convenience only and UPS makes no representations or warranties related to any services provided by PwC or for the fitness or ability of PwC to provide such services. UPS does not assume responsibility and shall have no liability for the content or accuracy of any advice offered by PwC.