Important to remember that trade deals (FTAs) weren't designed with such a high degree of economic integration in mind.
So some of the standard RoO provisions will seem incredibly restrictive under the UK-EU deal.
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Minimal operations or insufficient processing is a standard part of an FTA. Most, if not all FTAs, include a provision on minimal processing – processing not considered sufficient to confer originating status even if rules of origin have been met.
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It is standard procedure not to apply cumulation when goods have only been subject to minimal processing.
To be able to cumulate origin and consider the final product of UK origin, the processing carried out in the UK needs to exceed minimal operations.
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The level of integration between the UK and the EU means that this will have significant consequences for a number of industries.
For example, in supply chains where goods are brought into the UK from the EU and reassembled, sorted or repackaged and re-exported to ROI.
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The @Foodanddrinkfed raised this issue and the impact it will have on UK food and drink businesses (same goes for a number of other industries)
Some practical examples of how it works were covered in a brilliant 🧵by @faisalislam 👇
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Again, important to remember that it's a common provision. Just not a common scenario because the goods don't normally go straight back to where they came from.
This is how it's usually used:
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Solution?
For goods that originate in the EU and meet the rules of origin on the way in, it would be quite simple.
The EU Commission already has a number of origin-related derogations. Some examples here 👇
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The time to express concern over the range of new non-tariff barriers and be vocal about the fact what an FTA means for the private sector was when we opted for an FTA.
While NTBs may be a surprise for SMEs, MNCs must have known about a lot of these changes.
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This is simply not true. The fact that goods need to originate to be traded tariff-free under a tread deal is part of *checks notes* every single FTA out there.
Also probably worth pointing out that the UK Gov is hoping that these benefits will result from other, non-customs related, incentives and measures e.g. tax cuts and other simplifications.
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This is because customs-related benefits 1) are available under other, simpler procedures 2) would be extremely limited as per 👇analysis by @pholmes8
Not that directly impacts exporters. As we know tariffs are paid by importers, but it affects competitiveness.
2. Process
Is pretty much the same. Unless you need an origin certificate or there are other trade policy measures in place.
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But the process has to be the same. Part of non-discrimination. So the act of exporting is clearly defined.
3. Regulatory requirements
Here it's more about behind the border barriers and things like SPS controls. This is where the difference is.
And it's significant
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Borders
When compared to no deal the deal changes very little in terms of border procedures. All formalities and checks will still be required.
Reminder - we're not starting from 0 here – both our container ports and our ro-ro ports are already congested
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On top of that, all the issues related to border readiness: lack of capacity and space, IT systems not ready, shortages of customs agents, treader readiness – have not been solved.
Claiming origin.
Two ways for traders to claim origin under the EU-UK deal:
1⃣ Self-certification by the exporter (standard) – normally requires an authorisation, I’m hearing that might not be needed for UK-EU trade – waiting for guidance or more info
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2⃣ Self-certification by the importer (new(ish), in the EU-Japan deal and some continuity deals). UK importers have little experience with this one, but helpful guidance available given initial uncertainty around using this form of certification
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