When exporting a passenger vehicle to Belarus, it is necessary to assess its Combined Nomenclature (CN) code, engine type, engine cylinder capacity and ground clearance. The prohibition applies to vehicles listed in Annex XVIII to Regulation (EC) No 765/2006.
There is no single separate provision in the legislation directly stating that the departure of a vehicle registered in the customs territory of the European Union to a third country constitutes exportation. This is determined by applying the provisions of Union customs legislation in a systematic manner.
Article 137(1)(c) of Commission Delegated Regulation (EU) 2015/2446 provides that vehicles registered in the customs territory of the Union which are intended to be re-imported may be declared for export orally.
Article 140(1)(a) of the same regulation provides that goods referred to in Article 137 may be deemed to have been declared for export by another act, and pursuant to Article 141(1)(d)(iii), such an act constitutes the crossing of the frontier of the customs territory of the Union with the goods.
Therefore, when a vehicle registered in the EU departs from the European Union to a third country, the vehicle is, for customs purposes, being exported. In the normal course of events, no separate electronic export declaration needs to be submitted – provided the conditions laid down in Regulation (EU) 2015/2446 are met, the crossing of the EU customs territory border with the vehicle itself is deemed to constitute a declaration for export.
Which passenger vehicles may not be exported to Belarus
Council Regulation (EU) 2024/1865 of 29 June 2024, amending Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and its involvement in the Russian aggression against Ukraine, was adopted.
Regulation (EC) No 765/2006 was supplemented by Article 1bb. Paragraph 1 thereof provides:
"It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods listed in Annex XVIII, which could contribute in particular to the enhancement of Belarusian industrial capacities, to any natural or legal person, entity or body in Belarus, or for use in Belarus."
This prohibition applies to goods of both European Union and non-European Union origin.
How to determine whether the prohibition applies to a passenger vehicle
When assessing whether the prohibition applies to the sale, supply, transfer or export of a passenger vehicle to Belarus, the CN code and the following technical characteristics of the passenger vehicle must be checked:
- engine type: petrol or diesel internal combustion engine, hybrid powertrain, electric motor or other type of engine
- engine cylinder capacity: this criterion applies only to vehicles with a petrol or diesel internal combustion engine
- ground clearance of the vehicle: the vertical distance between the underside of the vehicle chassis and the road surface
Important: not all vehicles listed in the table are subject to the same criteria. For example, in the case of petrol and diesel vehicles, both engine cylinder capacity and ground clearance are assessed, whereas in the case of hybrid and electric vehicles, only the ground clearance criterion is specified.
List of passenger vehicles prohibited from export
| CN code | Description of vehicle |
| 8703 10 | Vehicles specially designed for travelling on snow; golf cars and similar vehicles. |
| ex 8703 23 | Motor cars and other motor vehicles principally designed for the transport of fewer than ten persons, including station wagons and racing cars, fitted only with a spark-ignition internal combustion reciprocating piston engine with a cylinder capacity of more than 1 900 cm³ but not more than 3 000 cm³ and a ground clearance of not less than 165 mm. Ambulances are not included. |
| ex 8703 24 | Motor cars and other motor vehicles principally designed for the transport of fewer than ten persons, including station wagons and racing cars, fitted only with a spark-ignition internal combustion reciprocating piston engine with a cylinder capacity of more than 3 000 cm³ and a ground clearance of not less than 165 mm. Ambulances are not included. |
| ex 8703 32 | Motor cars and other motor vehicles principally designed for the transport of fewer than ten persons, including station wagons and racing cars, fitted only with a diesel engine with a cylinder capacity of more than 1 900 cm³ but not more than 2 500 cm³ and a ground clearance of not less than 165 mm. Ambulances are not included. |
| ex 8703 33 | Motor cars and other motor vehicles principally designed for the transport of fewer than ten persons, including station wagons and racing cars, fitted only with a diesel engine with a cylinder capacity of more than 2 500 cm³ and a ground clearance of not less than 165 mm. Ambulances are not included. |
| ex 8703 40 | Motor cars and other motor vehicles principally designed for the transport of fewer than ten persons, including station wagons and racing cars, with two propulsion motors: a spark-ignition internal combustion reciprocating piston engine and an electric motor, with a ground clearance of not less than 165 mm. Plug-in hybrid electric vehicles are not included. |
| ex 8703 50 | Motor cars and other motor vehicles principally designed for the transport of fewer than ten persons, including station wagons and racing cars, with two propulsion motors: a diesel engine and an electric motor, with a ground clearance of not less than 165 mm. Plug-in hybrid electric vehicles are not included. |
| ex 8703 60 | Motor cars and other motor vehicles with a ground clearance of not less than 165 mm, principally designed for the transport of fewer than ten persons, including station wagons and racing cars, with a spark-ignition internal combustion reciprocating piston engine and an electric motor, capable of being charged by plugging to an external electric power source. |
| ex 8703 70 | Motor cars and other motor vehicles with a ground clearance of not less than 165 mm, principally designed for the transport of fewer than ten persons, including station wagons and racing cars, with a diesel engine and an electric motor, capable of being charged by plugging to an external electric power source. |
| ex 8703 80 | Motor cars and other motor vehicles with a ground clearance of not less than 165 mm, principally designed for the transport of fewer than ten persons, including station wagons and racing cars, fitted only with an electric propulsion motor. |
| ex 8703 90 | Motor cars and other motor vehicles principally designed for the transport of fewer than ten persons, including station wagons and racing cars, with an engine other than an internal combustion piston engine or an electric motor. |
The table has been drawn up on the basis of the CN codes and product descriptions set out in Annex XVIII to Regulation (EC) No 765/2006.
What the mark "ex" means
The mark "ex" before a CN code means that the prohibition does not apply to all goods classified under that CN code, but only to those which meet the product description and technical characteristics indicated in the table.
Therefore, the CN code of the vehicle must be assessed together with its:
- engine type
- engine cylinder capacity, where this criterion is specified
- ground clearance
- other conditions laid down in the specific product description
Important points to note
- For CN code 8703 10, no ground clearance criterion is specified
- For CN codes ex 8703 23, ex 8703 24, ex 8703 32 and ex 8703 33, the prohibition is linked to both engine cylinder capacity and a ground clearance of not less than 165 mm
- For CN codes ex 8703 40, ex 8703 50, ex 8703 60, ex 8703 70 and ex 8703 80, the ground clearance criterion of not less than 165 mm applies
- For CN codes ex 8703 23, ex 8703 24, ex 8703 32 and ex 8703 33, an exception is established for ambulances
- CN codes ex 8703 40 and ex 8703 50 do not cover plug-in hybrid electric vehicles, as they are separately classified under codes ex 8703 60 or ex 8703 70
- For CN code ex 8703 90, no ground clearance criterion is specified in the Annex XVIII description