Explained: Goods Not Fulfilling the Conditions Prescribed in the Articles 9 and 10 of the Treaty Establishing the European Economic Community

Goods not fulfilling Articles 9 and 10 of the treaty establishing the european economic community
Yellow sticker – “Goods not fulfilling Articles 9 and 10 of the treaty establishing the European Economic Eommunity”

Goods not fulfilling Articles 9 and 10 of the treaty establishing the European Economic Community?

The reason behind this yellow sticker on your package is Treaty establishing the European Economic Community – EEC (Rome, 25 March 1957), a successor to the most important treaty of the European Union – the Treaty of Rome.

Specifically the articles 9 and 10

Here is a copy-paste of articles 9 and 10 from the source document “Treaty Establishing the European Economic Community“:

Article 9

1. The Community shall be based upon a customs union covering the exchange of all
goods and comprising both the prohibition, as between Member States, of customs duties
on importation and exportation and all charges with equivalent effect and the adoption of
a common customs tariff in their relations with third countries.
2. The provisions of Chapter 1, Section 1 and of Chapter 2 of this Title shall apply to
products originating in Member States and also to products coming from third countries
and having been entered for consumption in Member States.

Article 10

1. Products having been entered for consumption in a Member State shall be deemed to
be products coming from a third country in cases where, in respect of such products, the
necessary import formalities have been complied with and the appropriate customs duties
or charges with equivalent effect have been levied in such Member State and where such
products have not benefited by any total or partial drawback on such duties or charges.
2. The Commission shall, before the end of the first year after the date of the entry into
force of this Treaty, lay down the methods of administrative co-operation to be adopted
for the application of Article 9, paragraph 2, taking due account of the need for reducing
as far as possible the formalities imposed on trade.
Before the end of the first year after the date of the entry into force of this Treaty, the
Commission shall lay down the provisions applicable, as regards trade between Member
States, to goods originating in another Member State in whose manufacture products
have been used on which the appropriate customs duties or charges with equivalent effect
in the exporting Member State have not been levied or which have benefited by a total or
partial drawback on such duties or charges.
When laying down such provisions, the Commission shall take due account of the rules
for the elimination of customs duties within the Community and for the progressive
application of the common customs tariff.

So what does it all mean?

The most important part of the EEC and the yellow sticker is:

Products having been entered for consumption in a Member State shall be deemed to be products coming from a third country in cases where, in respect of such products, the necessary import formalities have been complied with and the appropriate customs duties or charges with equivalent effect have been levied in such Member State…

meaning that the customs tariffs have not been paid for the contents of this package.
How do you know if you have to pay customs tariffs? It’s really a complicated story and most helpful would be just to ask (before ordering anything) from your country’s taxation authority. If you do not believe EU taxation on imported goods is complicated, take a good look here: EU Customs Taxation.

Conclusion

If you have a yellow sticker on your parcel – you may or may not be subject to customs tariffs. If you have the parcel at home already, you’re good. Normally the charges will be charged before handing over you the package.

Post Author: Tom Pai