{"id":4014,"date":"2021-01-27T08:12:52","date_gmt":"2021-01-27T07:12:52","guid":{"rendered":"https:\/\/old.prosman-pavlovic.sk\/?p=4014"},"modified":"2021-01-27T08:12:54","modified_gmt":"2021-01-27T07:12:54","slug":"brexit-and-duties-statement-on-origin-of-goods-in-the-union-in-order-to-claim-for-preferential-treatment-in-the-united-kingdom","status":"publish","type":"post","link":"https:\/\/old.prosman-pavlovic.sk\/en\/brexit-and-duties-statement-on-origin-of-goods-in-the-union-in-order-to-claim-for-preferential-treatment-in-the-united-kingdom\/","title":{"rendered":"BREXIT and DUTIES: Statement on origin of goods in the Union in order to claim for preferential treatment in the United Kingdom"},"content":{"rendered":"\n<figure class=\"wp-block-image\"><img loading=\"lazy\" width=\"749\" height=\"400\" src=\"https:\/\/old.prosman-pavlovic.sk\/wp-content\/uploads\/2021\/01\/brexit-and-duties-prosman-pavlovi\u010d.jpg\" alt=\"brexit-and-duties-prosman-pavlovi\u010d\" class=\"wp-image-4033\" srcset=\"https:\/\/old.prosman-pavlovic.sk\/wp-content\/uploads\/2021\/01\/brexit-and-duties-prosman-pavlovi\u010d.jpg 749w, https:\/\/old.prosman-pavlovic.sk\/wp-content\/uploads\/2021\/01\/brexit-and-duties-prosman-pavlovi\u010d-300x160.jpg 300w\" sizes=\"(max-width: 749px) 100vw, 749px\" \/><\/figure>\n\n\n\n<p>As of 1st January 2021, the United\nKingdom of Great Britain and Northern Ireland is no longer a part of the\nEuropean Union and is considered as a third country, a separate customs and tax\nterritory. EU rules no longer apply to trade with the United Kingdom of Great\nBritain and Northern Ireland (hereinafter referred to as the &#8220;<strong>United Kingdom<\/strong>&#8220;), but <em>the Trade and Cooperation Agreement between\nthe European Union and the European Atomic Energy Community on the one side,\nand the United Kingdom of Great Britain and Northern Ireland on the other side<\/em>,\napplies (hereinafter referred to as the &#8220;<strong>Trade Agreement<\/strong>&#8220;), which has been applied provisionally since\n1st January 2021. <\/p>\n\n\n\n<p>The rules for trade with the United\nKingdom have changed significantly compared to the situation before Brexit, but\nthe United Kingdom is and also will be the important trading partner for the Union\nand its Member States. When trading with the United Kingdom, which will be connected\nwith the flow of goods across the customs border, it is necessary to get used\nas soon as possible to &#8220;old-new&#8221; procedures for the realisation of\ncustoms duties at customs offices. Since the entry of the Slovak Republic into\nthe Union (since 1st May 2004), trading with the Member States has been carried\nout without &#8220;administrations&#8221; at customs office, but the customs\noffices have continued to operate. Customs officers have moved from the border\nto inland customs offices. However, compared to 2004, the customs procedure has\nundergone a significant change towards electronisation, and thus customs\ndeclarations for import or export are already lodged electronically. Various forms\nof customs simplifications, which have been significantly strengthened since 1st\nMay 2016, when the new Union Customs Code came into force, make a significant\ncontribution to speeding up customs procedures at customs offices.&nbsp;\n<\/p>\n\n\n\n<p>In the case of regular trade with\nthe United Kingdom and the associated customs procedures at customs offices, we\nclearly recommend the use or to obtain the status of, in particular, the\nauthorized consignor, the authorized consignee and the entry in the declarant&#8217;s\nrecords for import and export of goods. These are the basic simplifications\nthat will help to speed up customs procedure. In order to make it easier to\nobtain these simplifications, it is more than appropriate to have the status of\nAuthorized Economic Operator (AEO), when even the holder of this authorization\nhas the possibility to apply for reduction in customs debt guarantees for 50%,\n30% and even 0%. The entrepreneur will therefore save his money that he can use\nfor further business development. <\/p>\n\n\n\n<p>In order to maintain a trading\npartner in the United Kingdom in the case of export of goods from the Union,\nand subsequent import into the United Kingdom, it is possible as of 1<sup>st<\/sup>\nJanuary 2021 to make out a statement on origin of goods on the basis of a\nsupplier&#8217;s declaration in order to claim a preferential treatment in the United\nKingdom. The statement on preferential origin generally aims to reduce the\ncustoms duties set by the customs tariff or the tariff exemption from customs\nduties under agreements concluded between countries.<\/p>\n\n\n\n<p>According to Article<em> GOODS.5 of the Trade\nAgreement: \u201eExcept as otherwise provided for in this Agreement, customs duties\non all goods originating in the other Party shall be prohibited.\u201c <\/em>This means that if goods originate in the Union or in the United\nKingdom, they will not be subject to any duty. Briefly,\nit means a preferential treatment in regards to originating goods. The\nonly condition for obtaining this preferential treatment is that these goods must\nbe originating in the Union or in the United Kingdom. The following goods\nshall be considered as originating in the other party according to Article <em>ORIG.3(1)\nof the Trade Agreement<\/em>:<\/p>\n\n\n\n<ul><li>products wholly obtained in that\ncontractual party; <\/li><li>products produced in that contractual\nparty exclusively from originating materials in that contractual party and<\/li><li>products produced in that contractual\nparty incorporating non-originating materials &nbsp;provided they satisfy the requirements \u2013\nproducts-specific rules of origin.<\/li><\/ul>\n\n\n\n<p>However, it shall apply that if the\nproduct has acquired originating status, the non-originating materials used in\nthe production of that product shall not be considered as non-originating, if\nthat product is incorporated as material in another product. Provided that the\nconditions for acquiring originating status must be fulfilled without\ninterruption in the United Kingdom or in the Union. <\/p>\n\n\n\n<p>It should only be noted that the\nrules of origin of goods have never been simple and without the necessary\nknowledge of this issue, it may happen, that the origin of goods is confirmed\nfor goods that would never have acquired such origin. As the customs offices know\nand verify the validity of the statement on origin, it is also necessary to cooperate\nclosely with specialists, especially during more complicated trades. Incorrect\nstatement on origin of goods will result in obtaining unjustified preferential\ntreatment for the business partner &#8211; the importer, who will have to pay to the\nrelevant customs authorities leaked customs duties and value added tax, the\nimporter will have to pay a customs offense fine, while even the person who\nunjustifiably has made out the statement on origin of goods (exporter) will\nface with the proceedings. And we have not even mentioned the civil law related\nissues arising from this problem.<\/p>\n\n\n\n<p>According to Article <em>ORIG. 19(1) of the\nTrade Agreement <\/em>a statement on\norigin shall be made by an exporter of a&nbsp;product on the basis of\ninformation demonstrating that the product is originating, including\ninformation on the originating status of materials used in the production of\nthe product. <strong>The exporter shall be responsible for the correctness of the\nstatement on origin and the information provided. <\/strong>Procedures\nto facilitate the issue or making out of proofs of origin are set out in Commission\nImplementing Regulation (EU) 2015\/2447 to the Union Customs Code in Articles 61\net seq., where, inter alia, the supplier&#8217;s declaration and the long-term\nsupplier&#8217;s declaration for proof of origin are also regulated. <\/p>\n\n\n\n<p>As the issue of statements on origin\nmay slow down trade, on 31st December 2020, the European Commission issued <em>Commission Implementing Regulation (EU)\n2020\/2254 of 29 December 2020 on the making out the statements on origin on the\nbasis of supplier&#8217;s declarations for preferential exports to the United Kingdom\nduring a transitional period.<\/em> This regulation in accordance with Article 1 allows\nthe exporter to make out statement on origin for exports to the United Kingdom until\n31 December 2021 on the basis of the supplier&#8217;s declarations subsequently\nprovided by the supplier on condition that <strong>by 1 January 2022 the exporter has\nthe supplier&#8217;s declaration in his or her possession<\/strong>. If the exporter\ndoes not have this supplier&#8217;s declaration in his or her possession by 1<sup>st<\/sup>\nJanuary2022, the exporter shall inform the importer about that fact on 31<sup>st<\/sup>\nJanuary 2022 at the latest. <\/p>\n\n\n\n<p>Under the above-mentioned <a href=\"https:\/\/eur-lex.europa.eu\/legal-content\/EN\/TXT\/?uri=CELEX:32015R2447\">Commission Implementing Regulation (EU) 2015\/2447<\/a> to the Union Customs Code in accordance with Article 61 et seq., the exporter can make out the statement on origin of the goods in the Union, even if he does not have proof of origin from his supplier by 31<sup>st<\/sup> December 2021. However, the exporter must obtain the supplier&#8217;s declaration by 1<sup>st<\/sup> January 2022. If he does not obtain it, he must inform the importer in the United Kingdom by 31 January 2022. The importer will thus not benefit from the preferential treatment and the British customs office will calculate him for customs duties and value added tax, or excise duty. <\/p>\n\n\n\n<p>According to <em>Article ORIG. 19 (2) of the Trade Agreement<\/em>, a statement of origin\nshall be made out using one of the language versions set out in ANNEX ORIG-4 (Text\nof the statement on origin) in an invoice or on any other document that\ndescribe the originating product in sufficient detail to enable the identification\nof that product. A statement on origin shall be valid for 12 months from the\ndate it was made out or for such longer periods as provided by the party of\nimport up to a maximum of 24 months. The Registered Exporter system (REX) for a\nstatements on origin of consignments above EUR 6,000 is maintained. <\/p>\n\n\n\n<p>Our law firm can provide you with\nmore information how to proceed with a statement on origin of goods in the\nUnion in order to obtain preferential tariff treatment in the United Kingdom, it\nmeans duty-free in compliance with the established rules, as well as further\ninformation on how to properly set up and obtain any simplification, including\nAEO status, which can significantly help when trading with the United Kingdom.<\/p>\n\n\n\n<p>If you need advice on the matter or the preparation of the necessary documentation, <a href=\"https:\/\/old.prosman-pavlovic.sk\/\">do not hesitate to contact us<\/a>.  <\/p>\n\n\n\n<p>Bratislava on 8 January 2021<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Proof of origin of goods &#8211; how not to pay duty under the Agreement on Trade and Withdrawal in Trade with the United Kingdom &#8211; post BREXIT. Read the article. <\/p>\n","protected":false},"author":14,"featured_media":4033,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[132,214,195,196],"tags":[185,307,218,221],"_links":{"self":[{"href":"https:\/\/old.prosman-pavlovic.sk\/en\/wp-json\/wp\/v2\/posts\/4014"}],"collection":[{"href":"https:\/\/old.prosman-pavlovic.sk\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/old.prosman-pavlovic.sk\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/old.prosman-pavlovic.sk\/en\/wp-json\/wp\/v2\/users\/14"}],"replies":[{"embeddable":true,"href":"https:\/\/old.prosman-pavlovic.sk\/en\/wp-json\/wp\/v2\/comments?post=4014"}],"version-history":[{"count":3,"href":"https:\/\/old.prosman-pavlovic.sk\/en\/wp-json\/wp\/v2\/posts\/4014\/revisions"}],"predecessor-version":[{"id":4036,"href":"https:\/\/old.prosman-pavlovic.sk\/en\/wp-json\/wp\/v2\/posts\/4014\/revisions\/4036"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/old.prosman-pavlovic.sk\/en\/wp-json\/wp\/v2\/media\/4033"}],"wp:attachment":[{"href":"https:\/\/old.prosman-pavlovic.sk\/en\/wp-json\/wp\/v2\/media?parent=4014"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/old.prosman-pavlovic.sk\/en\/wp-json\/wp\/v2\/categories?post=4014"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/old.prosman-pavlovic.sk\/en\/wp-json\/wp\/v2\/tags?post=4014"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}