The European Union has established a customs union between its Member States. A customs union means that no customs duties are levied on goods traded within the customs union and that Member States apply a common external tariff to all goods entering the territory of the customs union. However the reality is sometimes far from the theory. This article examines the reasons for which theory and reality do not always match. It mainly focuses on the issue of potential divergent classification of goods upon entry in the EU and the subsequent divergent application of duties and various commercial measures to imports. After explaining how the current system to address divergences works, this article presents solutions that would not only improve the existing system but also substantially modify it to prevent divergences in the future.
Global Trade and Customs Journal