The EU–Korea Free Trade Agreement: Origin Declaration and Approved Exporter Status

Abstract

When it comes to proof of origin, the EU-Korea free trade agreement is a new generation agreement. The system of origin certification by a competent authority is replaced by a system of self-certification while in previous free trade agreements both systems coexisted. Under this free trade agreement, consignments of EUR 6000 or more can only be granted preferential treatment where the origin declaration is made out by an approved exporter. Exporters wishing their goods to benefit from preferential treatment must obtain approved exporter status through an application process. Without such approval, an exporter cannot make out a valid origin declaration and preferential treatment cannot be granted on importation. The purpose of this article is to explain the self-certification process under the EU-Korea free trade agreement and related topics, including the origin declaration and its validity, the verification of the origin declarations and the consequences for importers when the presented origin declaration is invalid or incorrect. The article focuses mostly on the EU perspective. The articles referenced to herein are contained in the Protocol of Origin.