Transitory measures for exports in relation to Brexit

January 1, 2021 Hristescu & Partners

On 1st January 2021, it became applicable the Commission Implementing Regulation (EU) 2020/2254 of 29 December 2020 on the making out of statements on origin on the basis of supplier’s declarations for preferential exports to the United Kingdom during a transitory period. 

Such Regulation was adopted to facilitate the making out of statements of origin from the date on which it becomes applicable the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (the Brexit Agreement).

Thus, it is provided that any exporter may, until 31 December 2021, make out statements on origin for exports to the United Kingdom based on supplier’s declarations, even if they do not have all the relevant declarations at that moment. However, such situations are possible only under the condition that by 1 January 2022 the exporter has the supplier’s declarations in their possession.

On the other hand, if the exporter will not possess those supplier’s declarations by the upper mentioned date, he or she must inform the importer about the situation on 31 January 2022 at the latest.

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