Provisions in the Union Customs Code (UCC), state that the sale on which customs value will be calculated is that of the last sale taking place prior to the introduction of the goods into the European Union (EU).  

This provision, which is to be implemented on May 1, 2016, removes the possibility for importers to use the “First Sale” for export of goods to the EU as the basis for determining the value for customs purposes. The sale occurring immediately prior to introduction in the customs territory of the EU allows the application of the transaction value method in a manner that takes into account the substance of the entire commercial import transaction. It allows the proper application of other relevant provisions (e.g. provisions on additions and deductions). Where this is not possible, the application of the transaction value method is not possible.

The UCC does not introduce changes to the scope of what can be deemed a sale for export.  While the fundamentals of the transaction value have not been altered, it may be important to distinguish what is regarded as a sale and other formalities or arrangements that can take place before a sale for export actually takes place.

The EU Commission has published guidance as to the application of the new provisions. This can be accessed through the following link here