Amendments to Directive 2006/112/EC with effect from 1 July 2028
Article 1
Directive 2006/112/EC is amended as follows: (1) Article 201 is replaced by the following: ‘Article 201 1. On importation, VAT shall be payable by any person or persons designated or recognised as liable by the Member State of importation. 2. By way of derogation from paragraph 1 of this Article, the supplier or, where applicable, the deemed supplier in accordance with Article 14a(1), making distance sales of goods imported from third territories or third countries that would be eligible for the special scheme set out in Title XII, Chapter 6, Section 4, shall be the person liable to pay the import VAT. 3. Where the supplier or the deemed supplier referred to in paragraph 2 of this Article is not established in the Community but in a third country with which neither the Union nor the Member State of importation has concluded an agreement on mutual assistance similar in scope to Council Directive 2010/24/EU ( *1 ) and Regulation (EU) No 904/2010, that supplier or deemed supplier shall appoint a tax representative in the Member State of importation as the person liable for payment of import VAT. 4. Where the importation of goods is exempted in accordance with Article 143(1), point (ca), paragraph 3 of this Article shall not apply. ( *1 ) Council Directive 2010/24/EU of 16 March 2010 concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures ( OJ L 84, 31.3.2010, p. 1 , ELI: http://data.europa.eu/eli/dir/2010/24/oj ).’;" (2) the following article is inserted: ‘Article 201a Without prejudice to Article 201(2) and (3), and where the persons liable for payment of import VAT fail to fulfil their tax obligations under those paragraphs, Member States may allow, according to conditions and procedures to be laid down by them, the customer to pay the import VAT which is due by those persons.’ ; (3) Article 204, paragraph 1 is amended as follows: (a) the second subparagraph is replaced by the following: ‘Furthermore, where the taxable transaction is carried out by a taxable person who is not established in the Member State in which the VAT is due and no legal instrument exists with the country in which that taxable person is established or has their seat, relating to mutual assistance similar in scope to that provided for in Directive 2010/24/EU and Regulation (EU) No 904/2010, Member States may take measures to provide that the person liable for payment of VAT is to be a tax representative appointed by the non-established taxable person.’ ; (b) the following subparagraph is added: ‘By way of derogation from the first and second subparagraph of this paragraph, where a taxable person is required to appoint a tax representative in accordance with Article 201(3), that taxable person shall appoint a tax representative as the person liable for payment of VAT on distance sales of goods imported from third territories or third countries that would be eligible for the special scheme set out in Title XII, Chapter 6, Section 4.’ ; (4) in Article 205, the following paragraph is added: ‘In addition, in the situations referred to in Article 201(2) and (3), Member States may provide that a person other than the customer and the person liable for payment of VAT is to be held jointly and severally liable for payment of import VAT.’ ; (5) the following article is inserted: ‘Article 205a By 31 March 2032, the Commission shall, based on the information provided by Member States, present to the Council an evaluation report on the functioning of Article 201(2), (3) and (4), Article 201a, Article 204(1), fourth subparagraph, and Article 205, second paragraph, including their impact on the functioning of the internal market, and assess the need of maintaining Article 201a and Article 205, second paragraph, and if deemed necessary, make an appropriate legislative proposal.’ ; (6) Title XII, Chapter 7, is deleted.