Management of customs procedure code 42 in Austria and Germany – pitfalls and opportunities

Michael Lux
Michael Lux
Attorney at Michael Lux BV, former Head of Unit ‘Customs Legislation’ and ‘Customs Procedures’, EU Commission, Michael Lux BV, Belgium
Published 27 Aug 2023
Management of customs procedure code 42 in Austria and Germany – pitfalls and opportunities
Adobe Stock
Perspective
Procedures
Instead of declaring non-Union goods for release for free circulation under code 40 (in which case import VAT will also become due), an importer established in another Member State (MS) than that in which such goods will be released for the procedure (and will thus become Union goods) has – often using the services of a representative who is either a freight forwarder or a customs broker – the option of declaring code 42, thus avoiding the obligation to pay the import VAT and regular VAT in the import clearance MS, with the consequence that (only) the regular VAT is to be paid in the MS of destination (where the importer or consignee is established) on an intra-EU acquisition (and the importer can thus avoid a VAT registration in the MS of import clearance). This is already my summary of the opportunities. The remaining part of this article will deal with the pitfalls experienced by customs practitioners in Austria (AT) and Germany (DE). At the end, I will also try to give an outlook into the future.

Related content

CJEU: placed at the wrong office, relief lost

CJEU: placed at the wrong office, relief lost

Editorial Board
Editorial Board
16 Jul 2026

Outward processing is a procedure many practitioners treat as routine: Union goods leave the EU temporarily, are worked on abroad, and return with import duty charged on only part of…

Procedures
News in focus
View glossary entry

Centralised clearance for import (CCI): the customs rules are uniform, the tax rules are not

18 Aug 2026

What centralised clearance for import is, who can use it, which national tax rules follow the goods, and how it compares with customs procedure 42 and release after transit.

Procedures
Duties & taxes
View glossary entry

EORI number: the identifier customs uses to know who you are

13 Aug 2026

What an EORI number is, who must have one, how it is formatted and obtained, how national requirements differ, and how to keep it valid.

Procedures
View glossary entry

EU Customs Data Hub: submit your data once, for the whole EU

26 Jul 2026

The EU Customs Data Hub is the central digital platform of the EU customs reform: a single online environment where businesses submit their goods and supply-chain data once, for customs…

Procedures
Centralised clearance for import and deferred payment authorisations in Germany: practical challenges

Centralised clearance for import and deferred payment authorisations in Germany: practical challenges

Michael Lux
Michael Lux
04 Feb 2026

This article examines the practical and legal challenges arising from the use of Centralised Clearance for Import in Germany, with a particular focus on the interaction between EU customs law…

Procedures
Country update
Millions of declarations, one platform: new Italian IT customs platform project

Millions of declarations, one platform: new Italian IT customs platform project

Massimo De Gregorio
Massimo De Gregorio
23 Mar 2026

The Italian national federation of customs brokers’ associations has approved an ambitious project to establish a proprietary digital platform underpinned by actual operational customs declaration data - comprising millions of…

Procedures
Country update