The trade and cooperation agreement between the EU and the United Kingdom does not hand out zero duty automatically. Preference applies only to goods that meet the rules of origin, and only where the importer holds proof: a statement on origin from the exporter, or importer knowledge backed by documentation. Without proof, the standard duty rate applies.
The two most common misunderstandings
First: "we have a free trade agreement, so there is no duty". The agreement removes duty for originating goods, not for everything moved between the parties. Second: "the goods leave the EU, so they originate in the EU". Place of despatch is irrelevant to origin. Both errors cost the same: an unexpected duty bill on the importer side and an argument about who covers it, usually settled only by what the contract says.
How origin is established
The rules are product-specific: for each tariff heading the agreement sets a condition to be met. Most often that is a change of tariff classification against the non-originating materials used, a value limit on those materials, or a requirement for a particular production process. So analysis starts from the correct tariff code and a bill of materials, which we cover in finding the CN and HS tariff code. The agreement also allows cumulation, meaning materials originating in the other party can count as your own.
What proof is required
- A statement on origin made out by the exporter on the invoice or another commercial document describing the goods precisely enough to identify them.
- Importer knowledge, where the importer holds the evidence that the rules are met and takes responsibility for that claim.
- In both cases the documentation has to be retained, because the authorities can verify a preference after clearance, sometimes many months later.
The EUR.1 certificate belongs to trade under other EU agreements and is covered in the EUR.1 certificate.
What post-clearance verification looks like
A preference claimed without documentary backing is not a mistake that disappears with the delivery. Customs can ask for confirmation of origin, and if the exporter cannot supply evidence the importer pays the duty with interest. That is why an exporter making a statement should keep production records and supplier declarations in order from the start, rather than assembling them under the pressure of a query.
When preference is not worth chasing
Not every product carries a high duty rate. Where the rate is low, the cost of assembling origin documentation can exceed the duty itself, particularly on small one-off shipments. It is worth doing that sum rather than triggering the procedure by reflex. How import charges are calculated at all is set out in how duty, customs value and VAT are calculated, and who ends up paying in who pays duty and VAT on imports from Poland to the UK.
What the carrier contributes
A carrier does not establish origin and cannot do it for the shipper: that is commercial and production information. What we can do is make sure the documents travel complete, that the goods description on the invoice matches the declaration, and that a statement on origin is actually in the file, because its absence usually only surfaces on the British side. The formalities we handle within a job are described on our customs clearance page.
Cumulation and goods processed in Poland
The most common question is what happens to a product assembled in Poland from non-EU components. The answer depends on the rule attached to the specific tariff heading. Sometimes it is enough that the finished product falls under a different heading than the materials used; sometimes the value of non-originating materials has to stay within a limit; sometimes the rule demands a particular production operation. So two companies assembling apparently similar products can get different answers. The agreement also allows cumulation: materials originating in the other party count as your own in the assessment, which matters where sub-assemblies are bought in the UK and return there inside a finished product. The working order is always the same: correct code for the product, then a materials list with codes and values, then the rule, and only then the statement. Doing it the other way round produces a statement that cannot be defended under verification.
Sources
- GOV.UK: checking rules of origin in EU trade
- European Commission: Access2Markets, rules of origin and duty rates
This is general information, not customs advice on a specific product. Want to ship to the islands and establish whether preference applies? Describe the product and its tariff code in our quote form and we will arrange transport together with clearance.
