Q&As

What is the concept of origin in the Trade and Cooperation Agreement between the UK and the EU?

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Produced in partnership with Fergus Randolph QC of Brick Court Chambers
Published on LexisPSL on 21/01/2021

The following Commercial Q&A produced in partnership with Fergus Randolph QC of Brick Court Chambers provides comprehensive and up to date legal information covering:

  • What is the concept of origin in the Trade and Cooperation Agreement between the UK and the EU?
  • The concept of ‘origin’
  • Certificates of origin

The concept of ‘origin’

The concept of ‘origin’ in the EU-UK Trade and Cooperation Agreement (TCA) refers to the origin of goods for the purpose of application of preferential tariff treatment thereunder (TCA, Annex ORIG.1). The TCA permits tariff-free trade in goods between the EU and the UK for those goods that comply with the appropriate rules of origin. In order for that tariff-free access to be granted, the goods in question have to originate in either the EU or the UK.

The following categories of products are considered as originating products:

  1. (1) products wholly obtained in either the EU or the UK

    TCA, Article ORIG.5 defines these as:

    1. (a) mineral products extracted or taken from its soil or from its seabed

    2. (b) plants and vegetable products grown or harvested there

    3. (c) live animals born and raised there

    4. (d) products obtained from live animals raised there

    5. (e) products obtained from slaughtered animals born and raised there

    6. (f) products obtained by hunting or fishing conducted there

    7. (g) products obtained from aquaculture there if aquatic organisms, including fish, molluscs, crustaceans, other aquatic invertebrates and aquatic plants are born or raised from seed stock such as eggs, roes, fry, fingerlings, larvae, parr, smolts or other immature fish at a post-larval stage by intervention in the rearing or growth processes to enhance production such as regular stocking, feeding or protection from

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