La certification de l origine préférentielle vers l auto-certification (REX) 23 Mai 2017 Agenda 1. Application of the REX system in Free Trade Agreements 2. Application of the REX system in CETA (Canada) 2 1
Application of the REX system in free trade agreements Approved exporter Registered exporter Specific to an arrangement Specific rules of the arrangement are validated when the authorisation is granted Authorisation is extended to other arrangements after verification by customs authorities Rules (criteria) at MS level No centralized database in the EU Simple registration A registration is valid for all arrangements where the REX system is applicable Rules (criteria) at EU level Central database in the EU Data can be consulted on Internet 4 2
The REX system is the strategy of DG TAXUD for the future Unilateral arrangements: GSP: since 1 January 2017, with a transition period until 30 June 2020 OCTs: as from 1 January 2020! REX is also applied by MSs in this context Negotiated free trade agreements CETA (registrations are ongoing) Vietnam Ongoing negotiations and future negotiations Japan, Indonesia, Philippines, Mercosur, Mexico, Australia, New Zealand, 5 The rules on the REX system are not repeated in the Origin Protocol of the Free Trade Agreements (FTA) Article 68 of Commission Implementing Regulation (EU) 2015/2447 makes the link between the rules of the REX system and the Origin Protocol of FTAs GSP provisions on the REX system are applied mutatis mutandis for FTAs (mutatis mutandis = "en changeant ce qui doit être changé") 6 3
EU Legal framework Article 68(1) of Implementing Regulation (EU) 2015/2447, as amended 1. Where the Union has a preferential arrangement which requires an exporter to complete a document on origin in accordance with the relevant Union legislation, such a document may be completed only by an exporter who is registered for that purpose by the customs authorities of a Member State. The identity of such exporters shall be recorded in the Registered Exporter System (REX) referred to in the Annex to Implementing Decision 2014/255/EU. Subsections 2 to 9 of this Section shall apply mutatis mutandis. 7 Validity of a registration A registration in the REX system is applicable for all arrangements where it is foreseen that documents on origin are made out by registered exporters A registration does not need to be "extended" when a new FTA is applied An exporter already registered for the GSP does no need to apply for a new registration for using the registration number in the context of another FTA (CETA for instance). 8 4
Application to become registered exporter for exporting in the context of an FTA If the exporter is already registered under the GSP context: nothing to do If not, the application form to use is Annex 22-07 applied mutatis mutandis for the context of FTA (available in the REX guidance document). BE authorities provide on their website a version of the application form to be used. 9 Proof of origin made out by registered exporters If the text of the FTA does not provide a text for the document on origin, the text of the statement on origin (GSP) should be applied mutatis mutandis. In REX guidance document: text of the statement on origin in the context of an FTA 10 5
Application of the REX system in the free trade agreement with Canada (CETA) Article 19(1) of the Origin Protocol of CETA makes the link with Article 68(1) of Implementing Regulation (EU) 2015/2447, enabling the use of the REX system Both Parties use their own system 12 6
Registration for EU exporters to Canada In the REX system, registrations are valid from the date when the complete application is received by customs authorities Exporters to Canada who are not yet registered in the REX system should apply for registration asap, ideally before the application of CETA If an exporter has already a REX number in the GSP context, the same number can be used in the context of CETA 13 Transition period for CETA Article 68(5) of Implementing Regulation (EU) 2015/2447, as amended: 5. Notwithstanding paragraph 1, until 31 December 2017, a document on origin may be completed by an exporter who has not been registered but is an approved exporter in the Union. Article 77(7) shall apply accordingly.... -> transition period until end of 2017 from the approved exporter system to the REX system 14 7
Transition period for CETA, in practice Until 31 December 2017, origin declarations can be made out by approved exporters who are not yet registered Once registered, an exporter shall use his number of registered exporter and not his number of approved exporter on the origin declarations An exporters who is not approved nor registered shall request his registration for making out origin declarations for exporting to Canada 15 Signature of origin declarations in CETA Under the REX system, registered exporters don't have to sign the document on origin they made out Article 68(5) provides for a waiver for origin declarations made out by approved exporters to be signed (reference to Art. 77(7)) Article 77(7) (GSP provision) 16 8
Proof of origin in CETA CETA provides its own text for the Origin Declaration (Annex 2 of CETA Origin Protocol) Any exporter below 6000 eur Same text to be used by approved or registered exporters (Period: from to (1) The exporter of the products covered by this document (customs authorisation No...(2)) declares that, except where otherwise clearly indicated, these products are of...(3) preferential origin....(4) (Place and date)......(5) (Signature and printed name of the exporter) Footnotes: (1) When the origin declaration is completed for multiple shipments of identical originating products within the meaning of Article 19.5, indicate the period of time for which the origin declaration will apply. The period of time must not exceed 12 months. All importations of the product must occur within the period indicated. Where a period of time is not applicable, the field can be left blank. (2) For EU exporters: When the origin declaration is completed by an approved or registered exporter the exporter s customs authorisation or registration number must be included. A customs authorisation number is required only if the exporter is an approved exporter. When the origin declaration is not completed by an approved or registered exporter, the words in brackets must be omitted or the space left blank. For Canadian exporters: The exporter s Business Number assigned by the Government of Canada must be included. Where the exporter has not been assigned a business number, the field may be left blank. (3) Canada/EU means products qualifying as originating under the rules of origin of the Canada-European Union Comprehensive Economic and Trade Agreement. When the origin declaration relates, in whole or in part, to products originating in Ceuta and Melilla, the exporter must clearly indicate the symbol CM. (4) These indications may be omitted if the information is contained on the document itself. (5) Article 19.3 provides an exception to the requirement of the exporter s signature. Where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory. 9
Who makes out an origin declaration in CETA Signature of origin declaration Registered exporter yes No Approved exporter Yes, if not yet registered, until 31 December 2017 - Yes - No, if undertaking Not registered, not approved - Below 6000 eur: yes - Above 6000 eur: exporter shall apply for registration Yes, below 6000 (exemption is for approved or registered exporters) Documentation Guidance document on CETA (will be available in June on TAXUD EUROPA website) Webpage on CETA on DG TRADE website: http://ec.europa.eu/trade/policy/in-focus/ceta/ 20 10
Questions? 11