Considerations on COM(2024)279 - Amendment of Implementing Regulation (EU) No 282/2011 as regards the electronic VAT exemption certificate

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dossier COM(2024)279 - Amendment of Implementing Regulation (EU) No 282/2011 as regards the electronic VAT exemption certificate.
document COM(2024)279 EN
date February 18, 2025
 
table>(1)Council Directive (EU) 2025/425 (2) introduces the requirement of an electronic value added tax exemption certificate and the electronic procedure for processing that certificate. In order to give Member States sufficient flexibility to implement the large number of related IT projects already underway, they are allowed to continue using the existing paper certificate set out in Annex II to Council Implementing Regulation (EU) No 282/2011 (3) for transactions made until 30 June 2032. Article 51(1) of that Implementing Regulation should be amended to allow for the use of either electronic or paper certificates during a transition period.
(2)Annex II to Implementing Regulation (EU) No 282/2011 should be replaced to reflect the fact that Council Directive 2008/118/EC (4) has been replaced by Council Directive (EU) 2020/262 (5).

(3)In accordance with Directive 2006/112/EC, from 1 July 2032, only the electronic certificate referred to in Article 151a of that Directive is to be used. Consequently, Article 51 of, and Annex II to, Implementing Regulation (EU) No 282/2011, which provide for the paper version of the exemption certificate, should be deleted on that date.

(4)Implementing Regulation (EU) No 282/2011 should therefore be amended accordingly,