If your company buys or sells goods across borders within the EU, sooner or later an Incoterm will show up in the contract or on the carrier's invoice. It's a three-letter code, but it defines something very concrete: at what point risk passes from seller to buyer, and who pays for each leg of transport, insurance and, where relevant, customs. Get it wrong and the argument doesn't surface when you sign — it surfaces when a pallet is damaged, or when a shipment is sitting at a border and nobody has filed the declaration.
What Incoterms actually solve
Incoterms are published by the International Chamber of Commerce (ICC), which maintains eleven rules in the current 2020 edition. The ICC notes they have been used in trade contracts since 1936 and were last updated in 2020, so "Incoterms 2020" refers to the edition, not to a rule that expires.
They aren't a transport contract on their own: they're a layer of rules added to the sales contract to prevent misunderstandings on three questions — who arranges transport, who pays for which leg, and at exactly what point risk of loss or damage transfers. What they do not do is equally important: they don't decide when ownership passes, they don't set your payment terms, and they don't replace cargo insurance.
One practical note before choosing: some rules are written for a specific mode. The ICC reserves CIF for maritime trade, so it has no place on a road freight contract between two EU member states, however often you see it copied into one.
The most common ones in EU road freight
EXW (Ex Works): the buyer arranges and pays for the entire transport from the seller's premises. It gives the buyer maximum control, but also maximum responsibility, including initial loading in many practical cases. EXW looks like the cheapest line on a quote precisely because most of the cost hasn't been counted yet.
FCA (Free Carrier): the seller delivers the goods to the carrier nominated by the buyer at an agreed point; risk transfers to the buyer from there. It's common when the buyer already has its own logistics operator. The "agreed point" is the part that causes disputes — see the mistakes section below.
DAP (Delivered at Place): the seller bears transport and risk up to the agreed destination, not including import clearance. It's among the most used terms for B2B shipments within the EU because it simplifies the buyer's experience, but "delivered" here does not mean "cleared".
DDP (Delivered Duty Paid): the seller takes on absolutely everything, including import duties and VAT where applicable. It gives the buyer peace of mind, but requires the seller to know the destination's customs rules well — and to be registered where that's needed.
Who pays what, at a glance
| Incoterm | Main carriage paid by | Import clearance | Risk transfers | Fits best when |
|---|---|---|---|---|
| EXW | Buyer | Buyer | At the seller's premises | The buyer has its own forwarder and wants full control |
| FCA | Buyer | Buyer | On handover to the nominated carrier | The buyer has a regular carrier, but wants the seller to load |
| DAP | Seller | Buyer | At the named destination | Standard B2B within the EU; buyer can handle clearance |
| DDP | Seller | Seller | At the named destination, cleared | The buyer has no import capability and wants one price |
How to choose the right Incoterm
There's no single optimal Incoterm: it depends on who has better rates with carriers, who understands the destination country's customs rules better, and how much control each party wants over the route. As a rule of thumb, the less international logistics experience the buyer has, the more it makes sense to lean toward DAP or DDP, where the seller absorbs the operational complexity.
Two questions settle it faster than any table. First: who can actually file the import declaration in the destination country? If the answer is "nobody, yet", DDP is worth its premium. Second: which side buys transport more cheaply? If the seller ships that lane weekly and the buyer ships it twice a year, the seller's rate almost always wins, which points to DAP. The same logic applies when you decide between groupage and a full truck for the shipment itself.
Incoterms, customs and VAT
The Incoterm decides who is responsible, but the customs procedure decides what actually has to be filed. The European Commission's Directorate-General for Taxation and Customs Union publishes the official overview of EU import and export procedures, and it's worth reading before you commit to DDP for a country you've never shipped to.
Note that a B2B movement between two EU member states is not an import at all — there's no EU external border involved, so the duty question doesn't arise and VAT is normally handled through the reverse charge. We cover that split in detail in our guide to customs duties and VAT on EU imports.
Common mistakes
The most frequent one is assuming the Incoterm covers cargo insurance: under several Incoterms (like FCA or DAP) insurance isn't included and must be arranged separately. Under road freight, the carrier's CMR liability is capped by weight, not by the value of your goods — which is a different thing from insuring the shipment.
Another common mistake is not clarifying the exact delivery point in writing when using FCA, which leads to disputes over who pays for loading at origin. "FCA Barcelona" is not a delivery point; "FCA, seller's warehouse, Carrer X, loaded" is.
The third is quietly copying last year's Incoterm into a contract whose route has changed. A term that worked for a domestic handover rarely survives a change of destination country. If your paperwork tends to be the weak link, our checklist on CMR, T1 and the key documents for EU road freight and the seven reasons cargo gets held at EU customs are the two worth reading before your next shipment.
Frequently asked questions
Do Incoterms determine who pays import VAT? Only indirectly: it depends on the customs regime, but Incoterms like DDP explicitly assign that responsibility to the seller.
Can I mix different Incoterms within the same multimodal shipment? Not within the same contract: each sale uses a single Incoterm, even if the physical transport combines several modes.
Do Incoterms 2020 replace Incoterms 2010? No — earlier editions remain valid if your contract names them explicitly. That's exactly why the contract should state the edition, not just the three letters.
Does the Incoterm decide when ownership transfers? No. Incoterms allocate cost and risk; the transfer of title is governed by the sales contract and the applicable national law.
Next step
If you need help deciding which Incoterm fits your usual operations, tell us your route and volume: we'll give you an indicative quote within 15-30 minutes. If you're shipping partial loads across Europe, our LTL groupage service is usually the cheapest way to move them without waiting to fill a truck.
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