Reporting the transport of untaxed energy products Unfortunately this specification of service has not yet been completely translated.

If you want to transport untaxed energy products, you need a permit and must register for the IT-based Excice Movement and Control System (EMCS).

If you transport energy products without these already being charged with the energy tax, this is referred to as "transport under suspension of excise duty". The tax is suspended as long as the energy products are on their way to their final destination, where it is then levied, if applicable.

Energy products are for example:

  • Petrol
  • Heating oil

Natural gas and coal are exempt from movement under suspension of excise duty.

If you want to move energy products under duty suspension, you must notify the customs authorities for excise monitoring. The various stages of the movement are recorded in a database, the IT-based Excise Movement and Control System (EMCS). If irregularities occur during the movement, the duty suspension ends and the energy products must be taxed.

As a rule, transport under duty suspension is possible in the following cases:

Carriage in the German tax territory:

  • You are authorized to transport energy products within the German tax territory. This means that you are
    • Holder of a tax warehouse. Tax warehouses are manufacturing plants and storage facilities for energy products approved by the customs administration.
    • Registered consignor. Registered consignors are persons approved by the customs administration who are permitted to dispatch energy products from the place of importation under duty suspension.
  • Possible to transport within Germany
    • to another tax warehouse,
    • from the place of importation to another tax warehouse, or
    • to so-called beneficiaries, for example, foreign armies, diplomatic missions and consular posts.

Transport between Member States:

  • You are entitled to dispatch energy products between Member States. This means that you are
    • Holder of a tax warehouse.
    • registered consignor.
  • allowed to transport between Member States
    • to a tax warehouse,
    • to a registered consignee. Registered consignees are persons authorised by the customs administration to receive energy products from a tax warehouse in another Member State or from the place of importation in another Member State under duty suspension arrangements.
    • To beneficiaries.

Export from the European Union:

You are authorized to transport energy products from the European Union to a third country. Third countries are countries outside the customs territory of the European Union.

  • You are entitled as
    • holder of a tax warehouse.
    • registered consignor.
  • The export is possible
    • from tax warehouses in the tax territory.
    • by the registered consignor from the place of import in the tax territory to a place where the energy products leave the tax territory of the European Union.

Import from third countries into the German tax territory:

You can transport energy products from third countries into the German tax territory. At the point of import, you must submit a customs declaration for the energy products, the energy products are released for free circulation and you must pay taxes. If the import is followed by a tax exemption procedure, no tax is incurred.

If the following applies to you, you can apply for a simplified procedure:

  • You transport energy products between 2 tax warehouses in the tax territory of the European Union, of which you are the owner.
  • You are a registered consignor and transport energy products between your tax warehouse and a point of import in the tax territory.
  • You transport liquefied gases or certain fuel oils in the tax territory.
  • You transport energy products in pipelines in the tax territory.

With the appropriate approval from the main customs office, you can then transport energy products under duty suspension without using the electronic EMCS procedure.

  • As a rule, you do not have to submit any documents.
  • In the case of delivery to so-called beneficiaries, for example foreign armies, diplomatic missions and consular representations, you must also carry an exemption certificate (completed by the beneficiary and confirmed by the main customs office).
  • Forms: yes
  • Online procedure possible: yes
  • Written form required: yes
  • Personal appearance required: no
Generalzolldirektion (GZD), Zentrale Auskunftsstelle Zoll




Generalzolldirektion (GZD), Dienststellensuche Zoll

Preconditions

If you are obliged to do so, you must notify the transport electronically in advance via the EMCS application.

Related Links

  • § 4 Energiesteuergesetz (EnergieStG)
  • § 9d Energiesteuergesetz (EnergieStG)
  • §§ 10 bis 11 Energiesteuergesetz (EnergieStG)
  • §§ 13 bis 14 Energiesteuergesetz (EnergieStG)
  • §§ 28a bis 37a Verordnung zur Durchführung des Energiesteuergesetzes (EnergieStV)

Related Links

  • Informationen zur Beförderung von Energieerzeugnissen innerhalb Deutschlands auf der Internetseite der Zollverwaltung
  • Informationen zur Beförderung von Energieerzeugnissen innerhalb der Europäischen Union auf der Internetseite der Zollverwaltung
  • Informationen zur Ausfuhr von Energieerzeugnissen aus der Europäischen Union auf der Internetseite der Zollverwaltung
  • Informationen zur Beförderung unter Steueraussetzung auf der Internetseite der Zollverwaltung
  • Einführung in das EMCS-Verfahren auf der Internetseite der Zollverwaltung
  • Informationen zur Kontrolle der Beförderung verbrauchsteuerpflichtiger Waren auf der Internetseite der Europäischen Kommission
  • Übersicht über zertifizierte Software-Anbieter für das EMCS-Verfahren auf der Internetseite der Zollverwaltung

As a rule, you must submit the transport declaration electronically. Among other things, you can use the online procedure of the customs administration for this purpose:

  • Call up the Customs Administration's "Internet EMCS Application" ("IEA") and follow the instructions for filing.
  • Click on the button "Create new process" on the start page of the application. Add the "e-VD" (electronic administrative document) form to the operation.
  • Complete and save the "Draft e-VD" form. If necessary, follow the instructions for missing information or subforms.
  • Select the "Sign" option to transmit the declaration to your responsible main customs office.
  • The EMCS application automatically checks your declaration.
  • If the verification of your declaration was successful, you will receive a message in the Internet EMCS application with a summary of the data you submitted. Otherwise, you will receive an error message.
  • In addition, you will receive a reference number for the EMCS transaction (Administrative Reference Code, ARC) and a PDF document with a list of the transaction data. The printed PDF document or a commercial document showing the reference number is used to accompany your goods.
  • Once the consignee has confirmed receipt of the goods in EMCS, you will be sent the "notification of receipt" message, possibly together with further information, for example in the event of a complaint.
  • If you do not send the products, but receive them, you must create such a report of receipt as a recipient. To do this, use the "report of receipt" form in the Internet EMCS application.

Alternatively, you can use certain software certified by Customs to declare a movement under duty suspension.
In some cases, there are exceptions to the requirement to declare the shipment electronically. In this case, you must submit the declaration in writing:


  • Find out about the so-called default procedure (paper procedure) on the Customs Administration website.
  • Follow the instructions of the customs administration on the respective procedure, the requirements and the necessary forms.

The main customs office from whose district you operate your business or, if you do not operate a business, in whose district you live, is responsible. If your business is operated from a location outside Germany or if you do not reside in Germany, the main customs office in whose district you first appear for tax purposes is locally responsible.



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Last update or date of publication
26.05.2021