A first aspect concerns the proof of preferential origin. In new generation agreements, the traditional EUR.1 certificate of circulation is now outdated. It is a document issued by the customs authority of the exporting country, at the request of the operator, after verifying the origin requirements for the individual shipment (except for simplifications).
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In the most recent agreements, the proof is left solely and directly to the economic operators involved in the exchange, who are required, in return, to guarantee an adequate and reliable organization. The preferential customs treatment can therefore be requested based on two methods: a declaration of origin made by the authorized exporter (registered in the Rex system, Registered Exporter) or based on the “importer’s knowledge”.
The Rex authorization allows the exporter to certify the preferential origin of the products by means of a declaration on the invoice or another commercial document suitable for identifying the goods. The Rex system, active since 2017 and also used in other contexts (GSP), is overseen by the EU Commission and the competent authorities of the contracting countries, who are responsible for authorizing operators after verifying access requirements; regular registration in the register can be checked through the tools provided by the EU Commission.
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The “importer’s knowledge”, on the other hand, presupposes that the importer declares to have, already at the time of the customs declaration of import, concrete and verifiable elements about the origin of the goods (production process, country of manufacture, tariff classification, value and origin of the materials used). This solution is generally accessible to importers who can, for various reasons (e.g., same corporate group), have the necessary data. It was first applied in the agreement with Japan and is generally little used.
In many older agreements there is a prohibition of drawback, which prevents benefiting from preferential treatment for products made with non-originating materials that have not paid the import duty, having benefited from a suspension regime or duty refund. In more recent agreements, the prohibition is often softened or overcome, with favorable effects on supply chains and trade.
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