Description

The EU has a comprehensive Trade Agreement with Colombia and Peru which has been provisionally applied with Peru since 1 March 2013 and with Colombia since 1 August 2013.

In November 2016 the EU together with Ecuador, Colombia and Peru, signed the Protocol of Accession of Ecuador to the Trade Agreement with Colombia and Peru.


Rules of Origin Colombia, Ecuador, Peru

Tolerance

Tolerance is fixed at 10% of the ex-work price of the product for all products, except for textile and clothing, for which specific tolerance will apply (cf. Appendix I)

See also: General rule of Tolerance or De Minimis

Cumulation

  • Bilateral cumulation with the EU
  • Diagonal cumulation between EU, Colombia, Ecuador and Peru (cf. Article 3 paragraphs 1 and 2) and between Colombia, Ecuador and Peru on one side and Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Venezuela on the other side, under some conditions (cf. Article 3§4).
  • In addition, at the request of Peru, Ecuador, Colombia or the EU, diagonal cumulation can be granted for materials originating in Central American, South American or Caribbean countries, under some conditions (cf. Article 4)

See also: General rule of Cumulation

Direct transport

Evidence of the direct transport will have to be brought to the customs authorities of the importing country

See also: General rule of Direct transport or Non-Manipulation

Duty drawback

Duty drawback is authorized

See also: General rule of Duty drawback

Vessels conditions

Rules applicable will depend on the place where the fish has been caught:

  • if the fish is caught in the territorial waters of Peru, Ecuador and Colombia: fish will be originating in Peru, Ecuador or Colombia;
  • if the fish is caught in the territorial waters of the EU: the fish will be originating in the EU;
  • if the fish is caught between 12 and 200 miles of the Peru/Colombia/Ecuador EEZ, the fish will be originating in Peru/Colombia/Ecuador if it has been caught by a Peru/Colombia/Ecuador or an EU vessel:
    • which is registered or recorded in a EU Member State or in a signatory Andean country;
    • which sails under the flag of a EU Member State or of a signatory Andean country;
    • which meet the following conditions:
      • it is owned to an extent of at least 50 % by nationals of a EU Member State or of a signatory Andean country or
      • it is owned by juridical persons:
        • which have their head office and their main place of business in a EU Member State or in a signatory Andean country, and
        • which are at least 50% owned by nationals or public entities of an EU Member State or of a signatory Andean country
  • if the fish is caught in international waters, the fish will have the nationality of the vessel which caught it. The vessel will have to comply will the following conditions:
    • - to be registered or recorded in a EU Member State or in a signatory Andean country;
    • - to sail under the flag of a EU Member State or of a signatory Andean country;
    • - to meet the following conditions:
      • it is owned to an extent of at least 50 % by nationals of a EU Member State or of a signatory Andean country or
      • it is owned by juridical persons:
        • which have their head office and their main place of business in a EU Member State or in a signatory Andean country, and
        • which are at least 50% owned by nationals or public entities of an EU Member State or of a signatory Andean country
  • if the fish is caught between 12 and 200 miles of the EU EEZ, the fish will be originating in the EU if it has been caught by a vessel:
    • - which is registered or recorded in a EU Member State or in a signatory Andean country;
    • - which sails under the flag of a EU Member State or of a signatory Andean country;
    • - which meet the following conditions:
      • it is owned to an extent of at least 50 % by nationals of a EU Member State or of a signatory Andean country or
      • it is owned by juridical persons:
        • which have their head office and their main place of business in a EU Member State or in a signatory Andean country, and
        • which are at least 50% owned by nationals or public entities of an EU Member State or of a signatory Andean country

Product specific rules of origin

Product specific rules can be found in Appendix II. In addition, some additional flexibilities are granted for some products, in Appendix IIA.


Proofs of Origin Colombia, Ecuador, Peru

To qualify for preferential duty rates at the EU border, products originating in Colombia, Ecuador or Peru must be accompanied by either:

  • a Movement Certificate EUR.1 - issued by the competent authorities of the exporting country. The exporter (or authorised representative) applying for a certificate must be prepared to submit documents proving the originating status of the products concerned on request, and fulfil the other requirements of the Rules of Origin Protocol.
  • an invoice declaration – issued by any exporter, for consignments valued €6 000 or less, or by approved exporters, for consignments of any value.

When filling in an invoice declaration, you should be prepared to submit documents proving the originating status of your products, and fulfil the other requirements of the Protocol on Rules of Origin.

To make an invoice declaration, you should type, stamp or print the following declaration (in the appropriate language) on the invoice, delivery note or other commercial document:

The exporter of the products covered by this document (customs authorisation No ... ) declares that, except where otherwise clearly indicated, these products are of ... preferential origin.

You can find the different language versions together with explanatory notes in the second page of the invoice declaration. If your write the declaration by hand, you must do so in ink using printed characters.

You must sign your invoice declaration by hand.

If you are an approved exporter, you are exempt from this requirement provided you give your customs authorities a written undertaking that you accept full responsibility for any invoice declaration identifying you.

To become an approved exporter, you must be able to satisfy your customs authorities that you are able to prove the originating status of your products, as well as any other requirements they may impose.

The customs authorities can withdraw your approved exporter status if you abuse it in any way. To find out more about the procedures, contact your customs authorities.

Proof of origin remains valid for 12 months