Modernised free trade agreeement UE and Mexico: a short check of the rules of origin lays down by the text in priciple
On 17 January 2025 the negotiations for a modernised free trade agreements between the EU and Mexico have been concluded. The contracting parties will put in place an ambitious and modern framework to deepen and widen EU-Mexico political dialogue, cooperation and economic relations and they will propote the growth potential for EU agri-food exports to Mexico and progressive rules on sustainable development. In other words, the modernized free trade agreement will set legally binding commitments on labour rights, environmental protection, climate change and responsible business conduct. Subject to final legal revision, the EU and Mexico will now proceed with their respective procedures for conclusion and ratification.
According to the text in priciple which should be modified the preferential origin can be claimed by means of the statement of origin which should be filled out in compliance with the article n.17: “ 1. A statement on origin as referred to in Article 16 (2) may be made out by an exporter registered:
(a) in Mexico, as an exporter authorised by the competent governmental authority subject to any conditions which are considered appropriate to verify the originating status of the products as well as the fulfilment of the other requirements of this Chapter, and
(b) in the Union, as an exporter in accordance with the relevant European Union legislation (Registered Exporter System)”. If you are in EU and you do not have a REX, you should apply for at the trader portal .
REX is a system of certification of origin of goods based on a principle of self-certification (like the approved exporter). Indeed, as per Mexico (modernised), Chili, Kenya, Ghana, Madagascar, Cote d’Ivoire, Seychelles, Canada (CETA), Vietnam, Singapore, Nouvelle Caledonie, Saint Pierre et Michelon and Polinesie francaise, the origin of goods is declared by economic operators themselves by means of so-called statements on origin. To be entitled to make out a statement on origin, an economic operator has to be registered in a database by his competent authorities.
The same article at the paragraph n.5 lays down that: “ 5. Statements on origin shall bear the original signature of the exporter in manuscript. However, an exporter registered within the meaning of paragraph 1 shall not be required to sign such statements provided that he accepts full responsibility towards the customs authorities or the competent governmental authority of the exporting Party, for any statement on origin which identifies him as if it had been signed in manuscript by him”. It is a simplification.
Another interesting point is the management of claim of preferential origin after the clearance; for this topic the paragraph n.7 lays down that: “ A statement on origin may be made out by the exporter when the products to which it relates are exported, or after exportation if the statement on origin is presented in the importing Party within one year after the importation of the products to which it relates or within a longer period of time if specified in the laws of the importing Party”. It is very useful tool to manage the customs activities efficiency.
The preferential origin status is the consequence of the compliance with: a) specific rules of origin; b) other rules laid down by the modernised free trade agreement; c) prove of the status. We need to highlight that the specific rules (Product-specific rules of origin) have to confirmed after the legal scrub of their textes.
Moreover, the economic operator has to have in his possession and maintain, for 3 years from the date of importation of the product, or for a longer period of time as the importing Party may specify, the statement on origin made out by the exporter.
From the other side of the customs relationship, the exporter who made out a statement on origin shall have in his possession and maintain copies of the statement on origin, and all other records demonstrating that the product satisfies the requirements to obtain originating status, for 3 years following the making out of that statement on origin, or for a longer period of time as the exporting Party may specify.