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The new provisions of the Directive (EU) 262/2020

In this issue:

The new directive regarding the general regime of excise duties was published

Last week it was published the Directive (EU) 262/2020 laying down the general arrangements for excise duty (recast).

The purpose of this new directive is to align the EU legislation regarding the general regime of excise duties with the Union Customs Code provisions and to improve both the process of circulation of excise goods released for consumption on the EU market as well as the supervision process of these products.

Among the new provisions introduced we mention:

1)     The concept of “certified consignor” and “certified consignee”, being individuals or legal entities registered with the competent authorities of the Member State of dispatch/ destination in order to dispatch/receive excise goods, that have been released for consumption in the territory of one Member State and then moved to the territory of another Member State.

2)      The Procedure to be followed for movements of excise goods which have been released for consumption in the territory of one Member State and are moved to the territory of another Member State in order to be delivered there for commercial purposes. Thus, these excise goods can only be moved from a “certified consignor” to a “certified consignee”.

3)      The “electronic simplified administrative document”, this document being necessary to cover the movement of excisable products regulated by the above procedure.

4)      Regulations regarding the chargeability conditions and rates of excise duties related to stocks of excise goods already released for consumption, which may be subject, where appropriate, to an increase in, or a reduction of, the excise duty.

Member States have the obligation to adopt and publish provisions which are in accordance with these new regulations, a part by 31 December 2021 and the rest by 13 February 2023.


How does the above influence the activity of your company?

If you are involved in transactions with excise goods you have to take into account that after the transposition of these provisions in the domestic legislation, you and your clients have to comply with the new regulations.

Prepared by:
Mihai Petre – Director, Indirect Tax
For additional information, please contact:
Alex Milcev – Partner, Tax & Law Leader Romania
Ernst & Young SRL
Bucharest Tower Center Building,
22nd Floor, 15-17 Ion Mihalache Blvd.,
Sector 1, 011171, Bucharest, Romania
Tel: (40-21) 402 4000, Fax: (40-21) 310 7124
Email: office@ro.ey.com
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