Guarantee Requirements for Customs Authorisations and Approvals: Guarantee valid in more than one MS
Economic operators may apply for a comprehensive guarantee to be valid in one or more Member States (article 89(2)(b) Code)
Where a guarantee is to be used to cover a multiple Member State authorisation or approval, the reference amount must be set as a level sufficient to cover all duties and charges for each Member State concerned. For example, a single customs warehousing authorisation must provide sufficient security to cover all goods held within the customs warehouse across the EU.
As the guarantee covers releases in more than one Member State, the national taxes (for example VAT) for each Member State may need to be included within the calculation of the reference amount.
For transit comprehensive guarantees, all taxes and charges (including VAT and Excise) must be included within the calculation of the reference amount.
The UK will only accept cross-Member State guarantee in the form of a financial institution guarantee. This is to protect the UK’s financial interests in the event of claims for payment under article 153 (IA) which would require the UK to pay the debt regardless of successful recovery from the guarantor if alternative types of security were accepted.