3.14.Naar aanleiding van het voornemen tot invoering van de Nationale fee heeft de Europese Commissie de douane bij brief van 28 november 2025 het volgende bericht:
“(…) several Member States have autonomously explored the possibility of introducing a national customs handling fee, with differing designs and rationales. In this context, the Commission would like to recall that, under the current legal framework, the only possible legal basis for national customs handling fees appears to be Article 52 of the existing Union Customs Code (UCC).
Under Article 52 UCC, customs formalities and controls carried out by customs authorities
are, as a rule, free of charge. Fees or charges may be imposed on operators only by way of
exception, and only when they correspond to a specific, service actually rendered by the
customs administration.
According to existing case-law, legally acceptable fees must remunerate a service actually
provided and must be proportionate to the cost of that service.
Member States must therefore ensure a transparent and evidence-based approach when
considering any national handling fee with, for instance, a clear description of the specific
service concerned, the methodology for calculating actual average costs and a mechanism
for periodic review and adjustment of the fee to reflect real costs and its evolution without
over-recovery. Furthermore, to avoid distortions to the internal market, Member States
introducing a national handling fee should align their approach.
The Commission also underlines that any handling fee not linked to a customs service or
control may be considered a charge having equivalent effect, contrary to Articles 28, 30
and 110 TFEU. The risk is particularly high where the fee is imposed on parcels originating
in third countries irrespective of the place of customs clearance, as the place of release for
free circulation is the only point where customs services are actually rendered.
Member States are therefore strongly encouraged to ensure that any national customs
handling fee is fully compliant with the conditions of Article 52 UCC. Until the revision
of the current framework, administrations are invited to remain within these limits when
designing or applying any such measures. Doing so will help avoid potential legal
challenges and the need to reimburse fees that might subsequently be found incompatible
with EU law.”