Commission Implementing Regulation (EU) 2015/2447Show full title

Article 134 Transactions between related persons(Article 70(3)(d) of the Code)

1. Where the buyer and the seller are related, and in order to determine whether such relationship did not influence the price, the circumstances surrounding the sale shall be examined as may be necessary, and the declarant shall be given an opportunity to supply further detailed information as may be necessary about those circumstances.

2. However, the goods shall be valued in accordance with Article 70(1) of the Code where the declarant demonstrates that the declared transaction value closely approximates to one of the following test values, determined at or about the same time:

(a) the transaction value in sales, between buyers and sellers who are not related in any particular case, of identical or similar goods for export to the customs territory of the Union;

(b) the customs value of identical or similar goods, determined in accordance with Article 74(2)(c) of the Code;

(c) the customs value of identical or similar goods, determined in accordance with Article 74(2)(d) of the Code.

3. When establishing the value of identical or similar goods referred to in paragraph 2, account shall be taken of the following elements:

(a) demonstrated differences in commercial levels;

(b) quantity levels;

(c) the elements listed in Article 71(1) of the Code;

(d) costs incurred by the seller in sales in which he and the buyer are not related, where such costs are not incurred by the seller in sales between related persons.

4. The test values listed in paragraph 2 are to be used at the request of the declarant. They shall not substitute for the declared transaction value.