III.4.1.3. Calculation of the reference amount

Article 74 of Appendix I to the Convention
Article 155 of the AE

The use of a comprehensive guarantee, a comprehensive guarantee with a reduced amount, or a guarantee waiver is granted up to a reference amount. In order to protect the financial interests of the Contracting Parties and meet the needs of the regime holder, the reference amount must be calculated with extreme care.

The reference amount shall correspond to the amount of (customs) debt that may become payable in connection with each common/Union transit operation for which the guarantee is provided, in the period between the inclusion of the goods in the common/Union transit procedure and the moment when that procedure is finalized. This period must be representative of the transit operations of the holder of the regime. The calculation of the reference amount must also include the transportation of goods during peak periods or goods that are not regularly declared for transit, in order to cover all possible scenarios.

For the purpose of this calculation, the maximum rates of (customs) debt applicable to goods of the same type in the country of the customs office of guarantee must be taken into account.

The customs office of guarantee shall establish the reference amount in cooperation with the holder of the procedure based on information on the goods placed under the common/Union transit procedure in the preceding 12 months and an estimate of the volume of operations planned for the future. In agreement with the applicant, the guarantee office may estimate the reference amount by rounding the sums upwards to cover the required amount. When such information is not available, the amount shall be set at 10,000 euros for each transit operation.

The customs office of guarantee shall examine the reference amount on its own initiative or at the request of the holder of the procedure and, where appropriate, adjust it.