Rules of Origin updated May 2022

Rules of Origin updated May 2022

 

According to the Rules of origin, in order to claim preferential treatment, there are a couple of options.

One option is for the exporter to provide a statement of origin on commercial documentation stating the origin as per the below. It can be in a separate document but must be passed across with the commercial documents. This may be foregone by use of a long-term supplier’s declaration which must be produced in the event of queries by customs authorities.

Alternatively, there is an option call ‘importers knowledge‘ which relies on the importer having knowledge that the goods meet the requirements of origin. In this case, the exporter does not need to provide a statement of origin as above, but the importer must be able to evidence their importers knowledge.

In stating the country of origin, various early documentation suggests that ‘EU’ can be used to indicate the origin of goods. However, the use of ‘EU’ as a country of origin is no longer allowed. Instead the actual country (or countries) of origin must be stated. HMRC has issued a statement which can be viewed on the BIFA website here.

The statement of origin provided by an EU exporter format is as follows:

(Period: from___________ to __________ (1))

The exporter of the products covered by this document (Exporter Reference No ____ (2)) declares that, except where otherwise clearly indicated, these products are of ____ (3) preferential origin.

(Place and date)  _________________________(4)

(Name of the exporter) ____________________

Footnotes:

1 If the statement on origin is completed for multiple shipments of identical originating products within the meaning of point (b) of Article 56(4) [statement on origin] of this Agreement, indicate the period for which the statement on origin is to apply. That period shall not exceed 12 months. All importations of the product must occur within the period indicated. If a period is not applicable, the field may be left blank.

This document has been agreed between the European Union and the United Kingdom and is provided for information only. No rights may be derived from it until the date of application. The numbering of the articles is provisional.

2 Indicate the reference number by which the exporter is identified. For the Union exporter, this will be the number assigned in accordance with the laws and regulations of the Union. For the United Kingdom exporter, this will be the number assigned in accordance with the laws and regulations applicable within the United Kingdom. Where the exporter has not been assigned a number, this field may be left blank.

3 Indicate the origin of the product: the United Kingdom or the Union.

4 Place and date may be omitted if the information is contained on the document itself.

The statement of origin provided by a UK exporter format is as follows:

I, the undersigned, declare that the goods listed on this document ________ (1) originate in _________ (2) and satisfy the rules of origin governing preferential trade with _________ (3):

I declare that (4):

  • Cumulation applied with ___________(name of country/countries)
  • No cumulation applied
  • I undertake to make available to the Customs authorities any further supporting documents they require:

    _____________ (Place and date)

    _____________ (Name and position in the company)

    _____________ (Signature)

    Footnotes:

    1 If only some of the goods listed on the document are concerned, they shall be clearly indicated or marked and this marking entered in the declaration as follows: ‘….. listed on this invoice and marked ….. originate in …..’.

    2 The UK, EU, country, group of countries or territory, from which the goods originate .

    3 Country, group of countries or territory concerned.

    4 To be completed only where goods are being exported to a country in the Pan-Euro-Med zone. Delete as appropriate.

    Long term suppliers’ declarations can be supplied and the format is as follows:

    I, the undersigned, declare that the goods described below:

    ______________________ (1)

    ______________________ (2)

    which are regularly supplied to ________ (3), originate in_______ (4) and satisfy the rules of origin governing preferential trade with _________ (5):

    I declare that (6):

  • Cumulation applied with ___________(name of country/countries)
  • No cumulation applied
  • This declaration is valid for all shipments of these products dispatched from: _______ to _______ (7).

    I undertake to inform ________ (3) immediately if this declaration is no longer valid.

    I undertake to make available to the Customs authorities any further supporting documents they require:

    _____________ (Place and date)

    _____________ (Name and position in the company)

    _____________ (Signature)

    Footnotes:

    1 Description.

    2 Commercial designation as used on the invoices (for example, model number).

    3 Name of company to which the goods are supplied.

    4 The EU, country, group of countries or territory, from which the goods originate.

    5 Country, group of countries or territory concerned.

    6 To be completed, where necessary, only for goods having preferential origin status in the context of preferential trade relations with one of the countries with which pan-euro-Mediterranean cumulation of origin is acceptable. Delete as appropriate.

    7 Give the dates. The period shall not exceed 24 months or 12 months if the declaration was issued retrospectively.

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